Bromley Briefings Prison Factfile - CEP Probation

Bromley Briefings Prison FactfileAutumn 2015

These ‘Bromley Briefings’ are produced in memory of Keith Bromley, a valued friend of the Prison Reform Trust and allied groups concerned with prisons and human rights. His support for refugees from oppression, victims of torture and the falsely imprisoned made a difference to many people’s lives. The Prison Reform Trust is grateful to the Bromley Trust for supporting the production of this briefing.

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www.prisonreformtrust.org.uk

Contents

Introduction . . . . . . . . . . . . . . . . . . . . . . . 3England & Wales prison overview . . . . . . . . . . . . . . . . 4Scotland prison overview . . . . . . . . . . . . . . . . . . . 8Northern Ireland prison overview . . . . . . . . . . . . . . . . 12Treatment and conditions . . . . . . . . . . . . . . . . . . . 17Overcrowding and changes to the prison estate . . . . . . . . . . . 18Prison service resources and staffing . . . . . . . . . . . . . . 20Sentencing trends and legislation . . . . . . . . . . . . . . . . 21Life and indeterminate sentences . . . . . . . . . . . . . . . . 22People on remand . . . . . . . . . . . . . . . . . . . . . 24Releases from and recalls to prison . . . . . . . . . . . . . . . 25Reoffending . . . . . . . . . . . . . . . . . . . . . . . 26Social characteristics of adult prisoners . . . . . . . . . . . . . . 28Prisoners’ families . . . . . . . . . . . . . . . . . . . . . 29Women in prison . . . . . . . . . . . . . . . . . . . . . . 32Minority ethnic prisoners . . . . . . . . . . . . . . . . . . . 36Foreign national prisoners . . . . . . . . . . . . . . . . . . 38Children in prison . . . . . . . . . . . . . . . . . . . . . 40Young adults in prison (18–20 year olds) . . . . . . . . . . . . . . 44Older people in prison . . . . . . . . . . . . . . . . . . . . 46Prisoners with learning disabilities and difficulties . . . . . . . . . . 48Mental health . . . . . . . . . . . . . . . . . . . . . . . 51Safety in custody . . . . . . . . . . . . . . . . . . . . . 53Disability and health . . . . . . . . . . . . . . . . . . . . 55Drugs and alcohol . . . . . . . . . . . . . . . . . . . . . 57Housing and employment . . . . . . . . . . . . . . . . . . 59Education and skills . . . . . . . . . . . . . . . . . . . . 61Financial exclusion . . . . . . . . . . . . . . . . . . . . . 63Prison work and peer-support . . . . . . . . . . . . . . . . . 65Ministry of Justice compliance . . . . . . . . . . . . . . . . . 67Private prisons . . . . . . . . . . . . . . . . . . . . . . 69Community solutions . . . . . . . . . . . . . . . . . . . . 71Restorative justice . . . . . . . . . . . . . . . . . . . . . 73Crime and public perceptions . . . . . . . . . . . . . . . . . 74

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Introduction“Prison is a place where people are sent as a punishment, not for further punishments...Human beings whose lives have been reckoned so far in costs—to society, to the criminal justice system, to victims and to themselves—can become assets—citizens who can contribute and demonstrate the human capacity for redemption.”

Not the introduction to the latest Prison Reform Trust annual report, but the words of the incoming Secretary of State for Justice, Michael Gove, in July 2015, and a welcome reassertion of principles which should underpin any civilised penal system. So far so good. But he has inherited both a system that is deteriorating on internal and external measures, and a requirement to carve anything from 25% to 40% out of its budget over the next five years.

The prison service will be clinging to the hope that the worst is over, that after three years of drastic cuts prisons will slowly settle into diminished routines and staffing levels—a new impoverished normality. The evidence of this briefing gives little cause for optimism. Violence and disorder have risen sharply. Suicides continue to rise, and the reductions achieved through so much effort in the previous decade have been reversed. Levels of purposeful activity were judged unacceptable in three-quarters of prisons inspected.

Some individual prisons buck the trend. The Mount, Peterborough, Kirklevington Grange and others have received warm praise from inspections in 2015. Even HMP Oakwood, heavily criticised after its opening in 2013, was judged to have turned a corner. But the worst reports conjured up images of almost Dickensian squalor.

Longstanding structural flaws remain. More than a quarter of prisoners live in overcrowded prisons. One in four of the country’s prisoners comes from an ethnic minority—compared to one in 10 of the general population. 82% of women are in prison for non-violent offences. 20% to 30% of prisoners have a learning disability or difficulty that interferes with their ability just to understand the criminal justice system. A staggering 12,000 prisoners do not even know when they will be released. During a period when crime has fallen sharply, average sentence length has increased by a third. We continue to use prisons in implausibly remote locations. The population of prisoners over 60 has tripled, while we build prisons designed (and priced) to contain the most determined escapee.

There are new threats. The introduction of a year’s mandatory post release supervision for short sentences guarantees a higher turnover in the most overcrowded prisons as inadequately prepared ex-prisoners fail to keep to their licence conditions. In prisons struggling with staffing reductions and reduced regimes, the advent of new psychoactive substances could hardly have come at a worse time. Above all, the government’s determination to reduce the national fiscal deficit will hit unprotected departments—including the Ministry of Justice—with disproportionate force.

That extraordinary challenge, however, represents an opportunity to rethink our approach both to the use of imprisonment and to the experience it should represent.

The answer to the dilemma lies in one of the few success stories of recent years. The number of children (under-18s) in custody has fallen by over two-thirds in the last seven years. Yet at the same time, the crime committed by children has also plummeted, with proven offences down by 72% from their peak in 2005–06. The number of young adults (18-20 year olds) sent to prison has also started to decline, as the conveyor belt from child offender to young adult prisoner has slowed. If we translate that determination to make imprisoning children genuinely a last resort into the adult sphere, and reverse the sentence inflation which accounts for two-thirds of the population growth of the last two decades, the possibility of making dramatic savings is real. A prison population at the level it was the last time there was a Conservative majority government would save its current successor around £1bn a year.

Increasing sentence lengths has been a comfort blanket for every government of the last 20 years. To make matters worse, prison is still seen as a free good so far as local communities are concerned—the trade off between money spent on prison officers rather than nurses or teachers remains invisible to the local taxpayer. The uncomfortable truth is that most of that expensive additional prison time is both unnecessary and wasted. The litany of frustration, depression and idleness described in this publication’s statistics has its physical expression in underused facilities and long, pointless, hours behind cell doors. Reinvesting a fraction of the saving from closing prisons to create a custodial experience that is both purposeful and properly intense would be a practical legacy worthy of the new Secretary of State’s visionary rhetoric.

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England & Wales prison overviewTrendsOn 23 October 2015, the prison population in England and Wales was 85,106.1 Between 1993 and 2014 the prison population in England and Wales increased by more than 40,000 people, a 91% rise.2 25,555 people entered custody in the first three months of 2015.3

England and Wales have the highest imprisonment rate in Western Europe—locking up 148 people per 100,000 of the population.4

According to the National Audit Office, there is no consistent correlation between prison numbers and levels of crime.5 International comparisons also show there is no consistent link between the two.6

Prison has a poor record for reducing reoffending —45% of adults are reconvicted within one year of release. For those serving sentences of less than 12 months this increases to 58%. Over two-thirds (68%) of under 18 year olds are reconvicted within a year of release.7

Purposeful activity is currently at the lowest level inspectors have ever recorded—they were only good or reasonably good in around a quarter of prisons.8

1 Ministry of Justice (2015) Population and Capacity briefing for 23 October 2015, London: Ministry of Justice

2 Table A1.2, Ministry of Justice (2015) Offender management statistics, Prison population 2015, London: Ministry of Justice

3 Table 2.1, Ministry of Justice (2014) Offender management statistics quarterly, January to March 2015, London: Ministry of Justice

4 International Centre for Prison Studies website, accessed on 12 October, available at http://www.prisonstudies.org/country/united-kingdom-england-wales

5 National Audit Office (2012) Comparing International Criminal Justice Systems, London: National Audit Office

6 Lappi-Seppälä, T (2015) Why some countries cope with lesser use of imprisonment, available at http://www.prisonreformtrust.org.uk/Portals/0/Documents/Tapio%20Lappi-Sepp%C3%A4l%C3%A4%20London%202015.pdf

7 Tables 16a, 17a and 16b, Ministry of Justice (2015) Proven reoffending statistics: July 2012 to June 2013, London: Ministry of Justice

8 HM Chief Inspector of Prisons (2015) Annual Report 2014-15, London: The Stationery Office

The prison system has been overcrowded every year since 1994.9 Overcrowding affects whether activities, staff and other resources are available to reduce risk of reoffending. People are also transferred to prisons far from home just to make space for new arrivals from court

At the end of September 2015, 70 of the 117 prisons in England and Wales were overcrowded.10

Prisons are getting bigger. 45% of prisoners are now held in prisons of 1,000 places or more.11

Prison sentences are getting longer. The average prison sentence is now nearly four months longer than twenty years ago at 15.9 months. For more serious, indictable offences, the average is 53.6 months.12

Increasing numbers of people in prison don’t know if, or when, they might be released. 12,053 people are in prison serving an indeterminate sentence.13 This compares with fewer than 4,000 in 1998 and 3,000 in 199214, and is more than three times as many as France, Germany and Italy combined.15

60% of people entering prison on remand awaiting trial in 2014 were accused of non-violent offences—nearly 29,000 people.16

In the 12 months to March 2015, 57% of custodial sentences imposed were for six months or less.17

Short prison sentences are less effective than community sentences at reducing reoffending. People serving prison sentences of less than 12 months had a reoffending rate seven percentage points higher than similar offenders serving a community sentence—they also committed more crimes.18

However, use of community sentences has nearly halved (46%) since 2006.19

9 Home Office (1999) Digest 4: Information on the criminal justice system in England and Wales, London: Home Office

10 Ministry of Justice (2015) Monthly population bulletin September 2015, London: Ministry of Justice

11 Ibid.12 Table Q5.1b, Ministry of Justice (2015) Criminal justice statistics quarterly March 2015,

London: Ministry of Justice and Table 2.3, Home Office (2007) Sentencing Statistics 2005, London: Home Office


14 Table 1.8, Home Office (2003) Prison Statistics England and Wales 2002, London: The Stationery Office

15 Table 7, Aebi, M. and Delgrande, N. (2015) Council of Europe Annual Penal Statistics, Survey 2013, Strasbourg: Council of Europe

16 Table A2.2a, Ministry of Justice (2015) Offender management statistics quarterly, Prison receptions 2014, London: Ministry of Justice

17 Table Q5.4a, Ministry of Justice (2015) Criminal justice statistics quarterly March 2015, London: Ministry of Justice

18 Ministry of Justice (2013) 2013 Compendium of re-offending statistics and analysis, London: Ministry of Justice

19 Table Q5.1b, Ministry of Justice (2015) Criminal justice statistics quarterly update to March 2015, London: Ministry of Justice

England & Wales

Scotland

Portugal

France

Northern Ireland

Germany

Norway

Sweden

Finland

Prison population rate (per 100,000 population)

57

60

71

78

88

100

138

144

148

Source: International Centre for Prison Studies

Imprisonment rates across Western Europe

http://www.justice.gov.uk/downloads/publications/statistics-and-data/hmps/prison-population-17-june-2011.doc

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Safety in custodyThere are now fewer staff looking after more prisoners. The number of staff employed in the public prison estate has fallen by 30% in the last five years —13,730 fewer staff looking after nearly 1,200 more people.20

In 2014 there were 243 deaths in custody, the highest number on record. Over a third were self-inflicted.21

Assaults are at the highest level they have ever been. There were nearly 16,200 recorded assaults in prison during 2014—over three-quarters were prisoner on prisoner.22

Serious assaults in prison have risen by over a third (35%) in the last year.23

Rates of self-harm have increased by 13% in the last two years. There were 25,775 self-harm incidents in 2014 with 1,749 requiring a hospital attendance.24

Rates of self-harm amongst men have increased by more than a third (35%) over the last five years.25

Women accounted for over a quarter (26%) of all self-harm incidents in 2014 despite representing just 5% of the total prison population. This has reduced significantly since 2011 when women accounted for nearly half of all incidents.26

Costs and resourcesAt an average annual cost per prison place of £36,237,27 the rise in the prison population since 1993 represents an estimated additional cost of £1.22bn annually.

Reoffending by all recent ex-prisoners costs the economy between £9.5 billion and £13 billion.28

In 2013–14 the government spent £493.5m on privately run prisons, £66m more than the year before.29

20 Table 2, Ministry of Justice (2015) National Offender Management Service workforce statistics bulletin: June 2015, London: Ministry of Justice and Table A1.1, Ministry of Justice (2015) Offender management statistics, Prison population 2015, London: Ministry of Justice

21 Table 1.1, Ministry of Justice (2015) Safety in custody statistics quarterly update to March 2015, London: Ministry of Justice


23 Ibid.24 Table 2.1, Ibid.25 Ibid.26 Ibid. and Table A1.2, Ministry of Justice (2015) Offender management statistics, Prison

population 2015, London: Ministry of Justice27 Table 1, Ministry of Justice (2014) Costs per place and costs per prisoner by individual

prison, NOMS annual report and accounts 2013-14: Management information addendum, London: Ministry of Justice and HM Prison Service (1993) Prison Service annual report and accounts April 1992–March 1993, London: HMSO

28 National Audit Office (2010) Managing offenders on short custodial sentences, London: The Stationery Office

29 Table 3, Ministry of Justice (2014) Costs per place and cost per prisoner by individual prison, London: Ministry of Justice and Table 3, Ministry of Justice (2013) Costs per place and cost per prisoner by individual prison establishment 2012-13, London: Ministry of Justice Note: The unit costs of private and public prisons are not directly comparable because of different methods of financing and scope.

Over the last four years public sector prisons have delivered £334m savings.30

Nearly £170m has also been saved through the closure and sale of “uneconomic” prisons and opening of new accommodation.31

Between 2010–11 and 2014–15 NOMS delivered cumulative savings of almost £900m, a reduction of nearly a quarter since 2010–11.32

NOMS has a savings target of a further £91m for 2015–16.33

England and Wales are the biggest users of electronic monitoring outside of the US. In 2011–12 there were around 105,000 new tags, with an average caseload of almost 25,000 people at a total cost of £117m.34

Work to develop a new 2,100 place prison in Wrexham, North Wales has begun and is scheduled to be fully operational by late 2017.35 It is expected to cost £212m to build.36

People in prison66% of women and 38% of men in prison report committing offences in order to get money to buy drugs.37

26% of women and 16% of men said they had received treatment for a mental health problem in the year before custody.38

20–30% of all offenders have learning disabilities or difficulties that interfere with their ability to cope with the criminal justice system.39

47% of prisoners say they have no qualifications.40

People aged 60 and over are the fastest growing age group in the prison estate. There are now nearly triple the number there were 15 years ago.41

30 National Offender Management Service (2015) Annual Report and Accounts 2014/15, London: The Stationery Office

31 Ibid.32 Ibid.33 Hansard HC, 7 July 2015, written question 595834 Geoghegan, R. (2012) Future of Corrections: Exploring the use of electronic monitoring,

London: Policy Exchange35 National Offender Management Service (2014) Annual Report and Accounts 2013/14,

London: Ministry of Justice36 Croasdale, C. (2014) Category B inmates at Wrexham prison can’t be ruled out,

NewsNorthWales, available at http://www.newsnorthwales.co.uk/news/134265/category-b-inmates-at-wrexham-prison-can-t-be-ruled-out.aspx

37 Light, M., et al. (2013) Gender differences in substance misuse and mental health amongst prisoners, London: Ministry of Justice


39 Loucks, N. (2007) No One Knows: Offenders with Learning Difficulties and Learning Disabilities. Review of prevalence and associated needs, London: Prison Reform Trust

40 Ministry of Justice (2012) The pre-custody employment, training and education status of newly sentenced prisoners, London: Ministry of Justice


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People aged 50 and over currently make up 14% of the prison population. There are 11,980 people aged 50 and over in prison in England and Wales—4,109 are aged 60 and over.42

Foreign nationals currently make up 12% of the prison population in England and Wales. On 30 June 2015 there were 10,512 held in prison.43

26% of the prison population, 22,079 people, are from a minority ethnic group.44 This compares to around one in 10 of the general population.45

50% of the prison population are Christian, 15% are Muslim, 2% Buddhist and 30% report having no religion.46

The number of veterans in prison is estimated to be 2,820. This is about 3.5% of the prison population.47

Women in prisonThe number of women in prison nearly trebled between 1993 and 2005. This has started to slowly reverse, but there are still over 2,000 more women in prison today than there were twenty years ago.48

On 23 October 2015 there were 3,948 women in prison in England and Wales.49 9,051 women entered prison during 2014.50

Most women entering prison serve very short sentences. In 2014, 58% of sentenced women entering prison were serving six months or less.51

Most women entering prison under sentence (82%) have committed a non-violent offence. 41% of women entering custody under sentence were there for theft and handling stolen goods in 2014.52

45% of women are reconvicted within one year of leaving prison. This rises to 58% for sentences of less than 12 months and to 77% for women who have served more than 11 previous custodial sentences.53

46% of women prisoners surveyed reported having attempted suicide at some point in their lives. This compares with 7% of women in the general population.54

42 Ibid.43 Table A1.8, Ministry of Justice (2015) Offender management statistics, Prison population

2015, London: Ministry of Justice44 Table A1.8, Ministry of Justice (2015) Offender management statistics, Prison population

2015, London: Ministry of Justice45 Table A3.5.2, Equality and Human Rights Commission (2010) How fair is Britain?

Equality, Human Rights and Good Relations in 2010, London: Equality and Human Rights Commission


47 Hansard HC, 3 July 2013, c652W48 Table A1.2, Ministry of Justice (2015) Offender management statistics, Prison population

2015, London: Ministry of Justice49 Ministry of Justice (2015) Population and Capacity briefing for 23 October 2015, London:

Ministry of Justice50 Table A2.1, Ministry of Justice (2015) Offender management statistics, Prison receptions

2014, London: Ministry of Justice51 Ibid.52 Table A2.2b, Ministry of Justice (2015) Offender management statistics annual tables 2014,

London: Ministry of Justice53 Tables 8.9 and 8.10, Ministry of Justice (2014) Women and the criminal Justice system

2013, London: Ministry of Justice54 Light, M., et al. (2013) Gender differences in substance misuse and mental health amongst

prisoners, London: Ministry of Justice

49% of women in prison suffer from anxiety and depression and 25% report symptoms indicative of psychosis.55

Half of women in prison report having suffered domestic violence and one in three has experienced sexual abuse.56

Children and young adultsThe number of children (under-18s) in custody has fallen by over two-thirds in the last seven years.57 Children are also committing fewer crimes—with proven offences down by 72% from their peak in 2005–06.58

At the end of August 2015 there were 971 children in custody in England and Wales. 34 children were aged 14 or younger.59

67% of children (10–17) released from custody go on to reoffend within a year.60

Fewer than 1% of all children in England are in care61, but looked after children make up 33% of boys and 61% of girls in custody.62

Children in care are 5 times more likely to be sanctioned for an offence than children in the general population.63 The gap is widening; in 2010 it was over 2.5 times more likely.64

Three-quarters (76%) of children in custody said they had an absent father and a third had an absent mother. 39% had been on the child protection register or had experienced neglect or abuse.65

The educational background of children in custody is poor—almost nine out of 10 boys (88%) said they had been excluded from school.66

21% of young people in custody reported that they had learning difficulties.67

55 Ibid.56 Corston, J. (2007) The Corston Report, London: Home Office57 Table 2.1, Youth Justice Board (2015) Monthly youth custody report—August 2015, London:

Ministry of Justice58 Table 4.2, Ministry of Justice (2015) Youth justice statistics 2013/14, London: Ministry of

Justice59 Table 2.1 and 2.8, Youth Justice Board (2015) Monthly youth custody report—August 2015,

London: Ministry of Justice60 Table 18b, Ministry of Justice (2013) Proven re-offending quarterly October 2011 to

September 2012, London: Ministry of Justice61 Department for Education (2013) Children looked after in England year ending 31 March

2013, London: DfE, StatsWales website, and Office for National Statistics (2013) Population Estimates Total Persons for England and Wales and Regions - Mid-1971 to Mid-2012, London: ONS

62 Kennedy, E. (2013) Children and Young People in Custody 2012–13, London: HM Inspectorate of Prisons and Youth Justice Board

63 Table 4, Department for Education (2015) Outcomes for children looked after by local authorities, as at 31 March 2014, London: DfE

64 Table 7.1, Department for Education (2010) Outcomes for Children Looked After by Local Authorities in England, as at 31 March 2010, London: DfE

65 Jacobson J. et al. (2010) Punishing Disadvantage: a profile of children in custody, London: Prison Reform Trust

66 Prime, R. (2014) Children in Custody 2013–14, London: HM Inspectorate of Prisons and Youth Justice Board

67 Gyateng, T., et al. (2013) Young People and the Secure Estate: Needs and Interventions, London: Youth Justice Board

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The number of young adults (aged 18–20) in prison in England and Wales has fallen by 42% in the last six years. On 30 June 2015 there were 5,050 young adults in prison.68

Despite this welcome reduction, the Inspectorate has cautioned that those who remain in custody are “some of the most vulnerable, troubled young adults with complex needs”.69

More than two-fifths (43%) of young adults are in prison for violence against the person or robbery. However, a third are there for a theft or drug offence.70

ResettlementOne in five people (20%) said they had no accommodation to go to on release—15% reported being homeless shortly after release.71

Just over a quarter (27%) of people had a job on release from prison.72

The majority of people in prison (97%) want to stop offending. When asked which factors would be important in stopping them from reoffending in the future, most stressed the importance of ‘having a job’ (68%) and ‘having a place to live’ (60%).73

More than half (53%) of prisons inspected in 2013–14 were judged as requiring improvement or inadequate for learning and skills. In these prisons, education and training had little impact on supporting prisoners’ progression to sustained employment or training on release.74

People are less likely to reoffend if they have qualifications. 45% were reconvicted within a year compared with 60% of prisoners who had no qualifications.75

People are less likely to reoffend if they had a job before being sent to prison. 40% were reconvicted within a year compared with 65% of offenders who hadn’t had a job.76

40% of prisoners and 64% of former prisoners believe that their debts had worsened during their sentence. Over half of prisoners’ families have had to borrow money since their relatives’ imprisonment.7768 Table A1.1, Ministry of Justice (2015) Offender management statistics, Prison population

2015, London: Ministry of Justice69 HM Chief Inspector of Prisons (2015) Annual Report 2014-15, London: The Stationery

Office70 Table A1.3b, Ministry of Justice (2015) Offender management statistics, Prison population

2015, London: Ministry of Justice71 Brunton-Smith, I. and Hopkins, K. (2014) Prisoners’ experience of prison and outcomes on

release: Waves 2 and 3 of SPCR, London: Ministry of Justice72 Table 8, Ministry of Justice (2015) National Offender Management Service annual report

2014/15: Management Information Addendum, London: Ministry of Justice73 Ministry of Justice (2010) Compendium of reoffending statistics, London: Ministry of Justice74 Ofsted (2014) The report of Her Majesty’s Chief Inspector of Education, Children’s Services

and Skills 2013/14 Further education and skills, London: Ofsted75 Ministry of Justice (2010) Compendium of reoffending statistics, London: Ministry of Justice76 Ibid.77 Bath, C. and Edgar, K., (2010) Time is Money: Financial responsibility after prison, London:

Prison Reform Trust

Crime and public perceptionsCrime is at its lowest level since surveying began in 1981 and is nearly two-thirds (64%) lower than its peak in 1995.78 Crime rates fell by 7% in the year ending March 2015.79

Concern about crime is at an historic low—only 9% of people surveyed said it was one of the important issues facing Britain today.80 This compares with nearly half of people (47%) in 2008.81

One in ten adults surveyed said they were worried about burglary. However, the likelihood was low, with only 3% saying they had been burgled in the last year.82

11% of adults surveyed said they were worried about violent crime. However, less than 2% of people had been a victim in the last year, with half of incidents resulting in no injury.83

Just over one in five people (22%) thought that prisons are effective at rehabilitating offenders who have been convicted of a crime.84

An ICM survey for the Prison Reform Trust conducted one month after the riots in 2011, found that the vast majority of the public (94%) support opportunities for people who have committed offences such as theft or vandalism to do unpaid work in the community as part of their sentence, to pay back for what they have done.85

A poll of victims of lower level crime showed that nearly two-thirds (63%) support community sentences as an alternative to prison for lower level offenders.86

A YouGov poll commissioned by the Prison Reform Trust in 2012 revealed strong public support for effective community and public health measures to prevent crime and disorder. Treatment for drug addiction (67%), intensive supervision of community orders (63%), and mental health care (60%) were the top three solutions cited.87

78 Table 1, Office for National Statistics (2015) Crime in England and Wales, Year ending March 2015, London: ONS

79 Ibid.80 Economist/Ipsos MORI June 2015 Issues Index, accessed on 7 September 2015,

available at https://www.ipsos-mori.com/researchpublications/researcharchive/3593/EconomistIpsos-MORI-June-2015-Issues-Index.aspx

81 Ipsos MORI (2008) Ipsos MORI Issues Index August 2008, London: Ipsos MORI82 Table S34 and 11a, Office for National Statistics (2015) Crime in England and Wales, Year

ending March 2015, London: ONS.83 Table S34 and 4a, Ibid.84 Table 1, Jansson, K. (2015) Public confidence in the Criminal Justice System—findings from

the Crime Survey for England and Wales (2013/14), London: Ministry of Justice85 Prison Reform Trust (2011) Public want offenders to make amends briefing paper, London:

Prison Reform Trust86 Victim Support and Make Justice Work (2012) Out in the open: What victims really think

about community sentencing, London: Victim Support 87 Prison Reform Trust (2012) Public back community and health solutions to cutting crime, 18

December 2012


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Scotland prison overviewTrendsOn 16 October 2015 the total population of people in custody in Scotland stood at 7,649.88 33,851 people entered custody in 2012–13.89

The prison population is falling—slowly. An average of 7,731 people were in custody during 2014–15, over 100 fewer people than the year before.90

Over one-third of the adult male general population, and nearly one-tenth of adult women is likely to have at least one criminal conviction.91

The imprisonment rate for Scotland stands at 144 per 100,000. England and Wales have an imprisonment rate of 148 per 100,000, France 100 per 100,000 and Germany 78 per 100,000.92

13% of people sentenced by the courts were given a custodial sentence in 2013–14.93

Prison sentences are getting longer. The average length of a custodial sentence in 2013-14 was over nine months (292 days)—54 days longer than in 2004–05.94

88 Scottish Prison Service website, accessed on 26 October 2015, available at http://www.sps.gov.uk/Corporate/Information/SPSPopulation.aspx

89 Table 8, The Scottish Government (2015) Prison statistics Scotland: 2012-13, Edinburgh: The Scottish Government

90 Scottish Prison Service (2015) Annual Report and Accounts 2014-15, Edinburgh: SPS and Scottish Prison Service (2014) Annual Report and Accounts 2013-14, Edinburgh: SPS

91 The Scottish Government (2013) Discussion Paper on the Rehabilitation of Offenders Act 1974, Edinburgh: The Scottish Government

92 International Centre for Prison Studies website, accessed on 6 October 2015, available at http://www.prisonstudies.org/map/europe

93 Table 7, The Scottish Government (2014) Criminal proceedings in Scotland 2013-14, Edinburgh: The Scottish Government

94 Table 10(c), The Scottish Government (2014) Criminal proceedings in Scotland 2013-14, Edinburgh: The Scottish Government

There is a statutory presumption against prison sentences of less than three months—unless a court considers that no other method of dealing with the person is appropriate.95

However, they still accounted for three in 10 custodial sentences given in 2013–14.96

The number of people on remand continues to rise. An average of 1,525 people were in prison on remand in 2014–15, compared with 1,476 the year before.97

Just five custodial sentences were imposed on children under the age of 16 in 2013–14.98

CostsThe cost of imprisonment continues to rise. It costs an average of £34,102 per prison place—an increase of nearly £2,200 in the last two years.99

It cost an estimated £419m to deal with people sentenced in court in 2010–11.100

The economic and social costs of reoffending are estimated to be £3bn a year. This is likely to be an under-estimate as it doesn’t include costs to bodies outside the criminal justice system.101

95 The Criminal Justice and Licensing (Scotland) Act 201096 Table 10(a), The Scottish Government (2014) Criminal proceedings in Scotland 2013-14,

Edinburgh: The Scottish Government97 Appendix 3, Scottish Prison Service (2015) Annual report and accounts 2014-15,

Edinburgh: SPS and Scottish Prison Service (2014) Annual report and accounts 2013-14, Edinburgh: SPS

98 Table 11, The Scottish Government (2014) Criminal proceedings in Scotland 2013-14, Edinburgh: The Scottish Government

99 Scottish Prison Service (2015) Annual report and accounts 2014-15, Edinburgh: SPS and Scottish Prison Service (2013) Annual Report and Accounts 2012-13, Edinburgh: SPS

100 Audit Scotland (2012) Reducing Reoffending in Scotland 2012, Edinburgh: Audit Scotland101 Ibid.

0% 25% 50% 75% 100%

9%£37.5m

15%£60.8m

16%£66.7m

61%£254m

Restricting libertyReintegration servicesRehabilitationOther costs

The cost of justiceBreakdown of spending on criminal justice in 2010–11

Source: Audit Scotland (2012) Reducing Reoffending in Scotland 2012

Prop

ortio

n of

cus

todi

al s

ente

nces

by

leng

th

0%

15%

30%

45%

60%

2007–08 2009–10 2011–12 2013–14

Up to 3 monthsOver 3 months to 6 monthsOver 6 months to 2 yearsOver 2 years to less than 4 years4 years and over

Source: Scottish Government, Criminal proceedings in Scotland

Short custodial sentences in ScotlandThe decline of the three month sentence—and rise of the six

9


There are currently 13 publicly managed prisons and two privately managed prisons, HMP Kilmarnock run by Serco and HMP Addiewell run by Sodexo.102

Combined, the two private prisons held some 1,200 people in 2014–15, 15% of Scotland’s prison population at a cost of nearly £33m.103

HMP Grampian opened in March 2014—it cost £77.7m to construct.104

The cost of keeping a child in a secure unit can be as high as £250k per annum.105

It costs £126 per week to keep someone on Home Detention Curfew (HDC)—compared to a notional cost of £610 per week to keep them in prison.106

Safety in prisonThere have been 102 deaths in custody in the last five years—with nine so far in 2015. The causes of these nine are still under investigation.107

There were 1,767 recorded prisoner on prisoner assaults in 2013–14, a 3% fall from the previous year. Serious assaults also fell by 20%.108

There were 161 assaults on staff in 2014–15, almost identical to the year before. However the number of serious assaults rose from 2 to 9.109

People in prisonNearly half (45%) of people surveyed reported being drunk at the time of their offence. One in five said drinking affected their ability to hold down a job (21%) and over a third (35%) admitted it affected their relationship with their family.110

Two-fifths (39%) of people surveyed reported being under the influence of drugs at the time of their offence—16% reporting that they committed their offence to get money for drugs.111

Nearly two-thirds (62%) reported using drugs in the 12 months prior to entering prison. Cannabis (78%), benzodiazepams (58%) and cocaine (51%) were the most commonly used drugs.112

102 Scottish Prison Service (2015) Annual report and accounts 2014-15, Edinburgh: SPS103 Ibid.104 Scottish Prison Service (2014) Annual Report and Accounts 2013-14, Edinburgh: SPS105 HM Chief Inspector of Prisons for Scotland (2010) Annual Report 2009-2010, Edinburgh:

The Scottish Government106 Armstrong, S. et al. (2011) Evaluating the Effectiveness of Home Detention Curfew

and Open Prison in Scotland, Research Findings No.32/2011, Edinburgh: The Scottish Government.

107 Scottish Prison Service website, Deaths in Prison Custody, available at http://www.sps.gov.uk/Corporate/Information/PrisonerDeaths.aspx

108 Scottish Prison Service (2015) Annual report and accounts 2014-15, Edinburgh: SPS109 Ibid.110 Scottish Prison Service (2013) Prisoner Survey 2013, Edinburgh: SPS111 Ibid.112 Ibid.

A quarter of people reported that they had taken another prisoner’s prescribed medication at some point.113

A quarter reported having a disability, an increase of six per cent from 2011 (19%)—only two-thirds (68%) said that staff knew. Just over a third (36%) of older prisoners said they had a disability.114

Children and young adultsTwo-thirds (68%) of boys reported being drunk at the time of their offence.115

Eight in 10 (79%) boys reported that they had used drugs in the 12 months prior to entering prison—half (49%) were under the influence of drugs at the time of the offence.116

A quarter of boys said they had no qualifications. Over half (56%) said that they were ‘often’ excluded from school and four in 10 (37%) said that they had ‘often’ attended a Children’s Panel.117

Prisoners’ familiesAlmost two-thirds (63%) of people surveyed said they had children. Of these, two-fifths (42%) had one child and just under a third had two children (31%).118

A quarter (24%) of prisoners thought that they would not be caring for their children when they were released—17% did not know.119

85% of people were positive about arranging visits. However, 57% reported that their visitors experienced problems—particularly distance from home (61%) and travel costs (57%).120

Older prisoners were twice as likely to report they had no regular contact with their family and friends than younger prisoners (18% compared with 9%).121

59% prisoners surveyed said they had been a lodger before prison, and a third (34%) were council tenants. Half of prisoners said that they lost their tenancy or accommodation when they went to prison (49%).122

113 Ibid.114 Ibid. and Scottish Prison Service (2013) Prisoner Survey 2013: Older prisoners, Edinburgh:

SPS115 Scottish Prison Service (2013) Prisoner Survey 2013: Male young offenders, Edinburgh:

SPS116 Ibid.117 Ibid.118 Scottish Prison Service (2013) Prisoner Survey 2013, Edinburgh: SPS119 Ibid.120 Ibid.121 Scottish Prison Service (2013) Prisoner Survey 2013: Older prisoners, Edinburgh: SPS122 Scottish Prison Service (2013) Prisoner Survey 2013, Edinburgh: SPS

10


Over half (56%) of women surveyed said they had witnessed violence between their parents/carers when they were children compared to four in 10 men (41%).123

A quarter of prisoners said that they had been in care as a child (27%).124

Women in prisonThe women’s prison population in Scotland increased by 46% in the 10 years since 2003–04.125 There has been a slight decrease in the last year, with an average daily prison population of 425 women in 2014–15.126

Women in prison are more likely to be there on remand than men (23% compared to 18%).127 Only around 30% of women on remand go on to receive a custodial sentence.128

1,814 women were received into custody on remand in 2012–13.129

Women’s prison sentences are getting longer. Women were sentenced to an average of 271 days in 2008–09, compared with 228 days in 1999–2000.130

But there’s no evidence of increasing participation in crime by women. Data from five police forces showed that the number of recorded crimes involving females remained relatively stable between 1999–2000 and 2009–10.131

The growth in the women’s prison population can more likely be attributed to the increasing use of custodial sentences by courts than changes in the pattern of female offending.132

A higher proportion of women report problems with alcohol, with half reporting being drunk at the time of their offence—an 8% increase on 2011.133

Over half (53%) said that they would drink 10 or more drinks on a typical day when drinking—29% said they drank six or more drinks on a daily, or almost daily, basis.134

123 Scottish Prison Service (2013) Prisoner Survey 2013: Female offenders, Edinburgh: SPS124 Scottish Prison Service (2013) Prisoner Survey 2013, Edinburgh: SPS125 Table 1, The Scottish Government (2015) Prison statistics Scotland: 2012-13, Edinburgh:

The Scottish Government126 Appendix 2, Scottish Prison Service (2015) Annual report and accounts 2014-15,

Edinburgh: SPS and Appendix 2, Scottish Prison Service (2013) Annual Report and Accounts 2012-13, Edinburgh: SPS


128 Commission on Women Offenders (2012) Commission on Women Offenders Final Report: Edinburgh, The Scottish Government


130 McIvor, G. and Burman, M. (2011) Understanding the Drivers of Female Imprisonment in Scotland, Glasgow: The Scottish Centre for Crime and Justice Research

131 Ibid.132 Ibid.133 Scottish Prison Service (2013) Prisoner Survey 2013: Female offenders, Edinburgh: SPS134 Ibid.

A higher proportion of women commit ‘crimes of dishonesty’ than men. 15% of proven offences by women were for shoplifting, compared with 11% of men’s.135

A report by the Commission on Women Offenders, chaired by former Lord Advocate, Dame Elish Angiolini, stated that “Cornton Vale is not fit for purpose.” It recommended that it is replaced with a smaller specialist prison for women serving long-term sentences and who present a significant risk to the public.136

In March 2014, a 50-place regional unit opened at HMP Grampian for women from the north east of Scotland.137

Plans for a new 350-place women’s prison in Inverclyde to replace HMP Cornton Vale have been scrapped—saving an estimated £75m.138

There will now be a new national unit built at HMP Cornton Vale and community units across Scotland.139

Specialist services designed to meet the complex needs of women offenders can help them to tackle the causes of their offending. Women who used the services at the 218 Service in Glasgow identified significant decreases in drug and/or alcohol use (83%), improvements in their health and wellbeing (67%), access to stable accommodation and referrals to longer-term support services.140

Rehabilitation and resettlementOver a quarter (28%) of prisoners surveyed said that they had received help with their drug addiction during their sentence, an eight per cent drop since 2011.141

A third (34%) of prisoners surveyed said they didn’t know where they would be living on release.142

A quarter (26%) of prisoners had accessed services while in prison to help them prepare for release—down from a third (34%) in 2011. Of those who accessed services, 70% had sought advice about housing and 41% about employment.143

135 Tables 6(a) and 6(b), The Scottish Government (2014) Criminal proceedings in Scotland 2013-14, Edinburgh: The Scottish Government

136 Commission on Women Offenders (2012) Commission on Women Offenders Final Report: Edinburgh, The Scottish Government

137 Scottish Prison Service (2014) Annual Report and Accounts 2013-14, Edinburgh: SPS138 Alderson, R., BBC News, ‘New £75m women’s prison scrapped, confirms Scottish

minister’, 26 January 2015, available at http://www.bbc.co.uk/news/uk-scotland-scotland-politics-30958609

139 Scottish Prison Service (2015) Annual report and accounts 2014-15, Edinburgh: SPS140 Commission on Women Offenders (2012) Commission on Women Offenders Final Report:

Edinburgh, The Scottish Government141 Scottish Prison Service (2013) Prisoner Survey 2013, Edinburgh: SPS142 Ibid.143 Ibid.

11


Prisoners spent more than seven million hours in purposeful activity in 2014–15—an average of 22 hours a week per person.144

The Scottish Justice Committee has called for a national strategy on purposeful activity to ensure all prisoners in Scotland are offered equal access to opportunities such as work, education and rehabilitation programmes.145

Over three-quarters of children (under-18) in prison cited that ‘getting a job’ (78%) was most likely to stop them offending in the future. Over half of those who responded said ‘staying off alcohol’ (57%), ‘having a partner’ (55%), or ‘getting a house/flat of my own’ (52%) would help.146

Only four in 10 children in prison (38%) said they attended a learning centre in prison—compared to half of adults.147

Outcomes43% of people released from custody are reconvicted within a year—rising to 60% for men and 68% for women with more than 10 previous convictions.148

Cabinet Secretary for Justice, Michael Matheson has said: “Short sentences do nothing to stop reoffending in our communities and only result in offenders going in and out of prison time and time again and reoffending upon release. In my view, we need to act on the evidence, be braver in our approach and take the bold action needed to tackle these ineffective sentences.”149

The general reconviction rate of young people (under-21), which includes community sentences, is the highest amongst all age groups—a third were reconvicted within a year.150

32% of people on a community sentence go on to reoffend within a year.151

710 people on average were held in prison in 2012–13 following recall from supervision or licence—more than double the number in 2004–05.152

144 Scottish Prison Service (2015) Annual report and accounts 2014-15, Edinburgh: SPS145 Justice Committee’s 5th Report 2013 (Session 4): Inquiry into purposeful activity in prisons

(SP Paper 299)146 Scottish Prison Service (2013) Prisoner Survey 2013: Male young offenders, Edinburgh:

SPS147 Ibid.148 Table 8 and 10, The Scottish Government (2015) Reconviction rates in Scotland: 2012-13

offender cohort, Edinburgh: The Scottish Government149 The Scottish Government website, accessed on 6 October 2015, available at

http://news.scotland.gov.uk/News/Proposals-for-bold-action-on-reoffending-1d98.aspx150 Table 3, The Scottish Government (2015) Reconviction rates in Scotland: 2012-13 offender

cohort, Edinburgh: The Scottish Government151 Table 7, Ibid.152 Table 1, The Scottish Government (2015) Prison statistics Scotland: 2012-13, Edinburgh:

The Scottish Government

An average of 350 people were on Home Detention Curfew (HDC) during 2014–15, down slightly on the year before.153

The most common reason for being recalled is for failure to comply with the technical conditions of the curfew rather than committing crimes while on HDC. Being out of curfew for more than six hours (38% of all recalls) and breach of licence conditions (24%) accounted for most recall activity. Offending while on licence appears only rarely to be the cause of recall (7% recalled for a new warrant served).154

In 2014–15 there were three absconds from custody, and six people failed to return to custody.155

Crime and public perceptionsThe number of crimes reported in the Scottish Crime and Justice Survey has fallen by 22% since 2008–09.156

The risk of being a victim of a crime has fallen from 20.4% in 2008–09 to 16.9% in 2012–13. The risk of crime is lower in Scotland than in England and Wales where the victimisation rate was 18.7% in 2012–13.157

However, adults were more likely to think that they would experience crime than they actually were. Six times as many adults thought they were likely to have their home broken into than actually did (7% compared with the actual risk of 1.2%).158

Two-thirds of adults surveyed agreed that community sentencing is an effective way of dealing with less serious crime. 48% agreed that learning new skills during community sentences stops low level offenders from committing more crimes.159

67% surveyed agreed that drug users need treatment not prison.160 In 74% of crimes where the victim thought that the offender(s) should have been prosecuted, the victim thought the offender(s) should have been given a sentence other than custody.161

153 Scottish Prison Service (2015) Annual report and accounts 2014-15, Edinburgh: SPS154 Armstrong, S. et al. (2011) Evaluating the Effectiveness of Home Detention Curfew

and Open Prison in Scotland, Research Findings No.32/2011, Edinburgh: The Scottish Government

155 Scottish Prison Service (2015) Annual report and accounts 2014-15, Edinburgh: SPS156 The Scottish Government (2014) Scottish Crime and Justice Survey 2012/13, Edinburgh:

The Scottish Government157 Ibid.158 Ibid.159 The Scottish Government (2014) Scottish Crime and Justice Survey 2012/13, Edinburgh:

The Scottish Government160 The Scottish Government (2011) 2010/11 Scottish Crime And Justice Survey, Edinburgh:

The Scottish Government161 Ibid.

12


TrendsOn 16 October 2015 the total prison population for Northern Ireland stood at 1,612—164 fewer people than the previous year.162

4,917 people were received into custody during 2014. This has fallen sharply since 2012, primarily due to a drop in people entering prison for fine default following a successful Judicial Review.163

The number of people entering prison for fine default is on the rise again. Between 2013–14 fine default commitals plummeted to single figures. However, since the end of 2014 numbers have been rising, with 81 people entering prison from April to June this year.164

The imprisonment rate for Northern Ireland is 88 per 100,000. England and Wales have an imprisonment rate of 148 per 100,000, France has a rate of 100 per 100,000 and Germany has a rate of 78 per 100,000.165

The proportion of sentences resulting in custody is increasing. In 2010, 9% of people convicted were sentenced to custody, by 2014 this had risen to 13%. The proportion receiving suspended sentences has also risen from 11% to 16%.166

162 Northern Ireland Prison Service, situation report for 16 October 2015, accessed on 26 October 2015, available at https://www.dojni.gov.uk/articles/weekly-situation-reports-october-2015

163 Crone, E. (2015) The Northern Ireland prison population 2014 and 2014/15, Belfast: Department of Justice

164 Northern Ireland Prison Service (2015) Analysis of NIPS Prison Population from 01/04/2014 to 30/06/2015, Belfast: Department of Justice, and Analysis of NIPS Prison Population from 01/01/2013 to 31/03/2014

165 International Centre for Prison Studies website, accessed on 12 October 2015, available at http://www.prisonstudies.org/highest-to-lowest/prison_population_rate?field_region_taxonomy_tid=14

166 Table 6c, Department of Justice (2015) Court Prosecutions, Convictions and Out of Court Disposals Statistics for Northern Ireland, 2014 (revised), Belfast: Department of Justice and Table 6c, Department of Justice (2014) Northern Ireland Conviction and Sentencing Statistics 2010-2012, Belfast: Department of Justice

People on sentence currently spend an average of six years in prison. Many spend considerably longer, with 14% of the sentenced population currently serving a sentence of eight years or more and a further 14% serving a life sentence.167

17% of the sentenced prison population are serving sentences of 12 months or less.168

Remand accounted for more than half (56%) of all receptions into prison in 2014, with 2,736 receptions in total.169 421 people on average were held in prison on remand—the third successive annual fall.170

Northern Ireland continues to hold a high proportion of people in prison on remand compared with other countries. It currently holds nearly a quarter (23%) on remand compared with 14% in England and Wales, and 20% in Scotland.171

The average time spent in prison on remand has fallen by around month and a half over the last two years. People now spend an average of 132 days in custody on remand.172

The capacity for Northern Ireland prisons is 1,953, with a current occupancy level of 93%.173

167 Northern Ireland Prison Service (2015) Analysis of NIPS Prison Population from 01/04/2014 to 30/06/2015, Belfast: Department of Justice

168 Ibid.169 Department of Justice (2014) The Northern Ireland Prison Population: Receptions 2009-

2012, Belfast: Department of Justice170 Crone, E. (2015) The Northern Ireland prison population 2014 and 2014/15, Belfast:

Department of Justice171 Crone, E. (2015) The Northern Ireland prison population 2014 and 2014/15, Belfast:

Department of Justice; Table A1.1, Ministry of Justice (2015) Offender management statistics, Prison population 2015, London: Ministry of Justice; and Appendix 3, Scottish Prison Service (2015) Annual report and accounts 2014-15, Edinburgh: SPS

172 Northern Ireland Prison Service (2015) Analysis of NIPS Prison Population from 01/04/2014 to 30/06/2015, Belfast: Department of Justice, and Analysis of NIPS Prison Population from 01/01/2013 to 31/03/2014

173 International Centre for Prison Studies website, accessed on 12 October 2015, available at http://www.prisonstudies.org/country/united-kingdom-northern-ireland

The Northern Ireland Prison Service (NIPS) has been under considerable scrutiny in the last decade. Since 2005 there have been over 20 external reviews and inspection reports, most of which have identified the pressing need for reform.

On 12 April 2010 policing and criminal justice powers were devolved from Westminster to the Northern Ireland Assembly.

Justice Minister David Ford announced a review of the conditions of detention, management and oversight of all prisons on 7 June 2010, led by Dame Anne Owers, former HM Chief Inspector of Prisons in England and Wales. The Prison Review Team published an interim report in February 2011 and their final report in October 2011.

The final report included 40 recommendations for fundamental reform of the Northern Ireland Prison Service. To date, the prison review oversight group, chaired by the Minister, has deemed 21 of the 40 recommendations complete. A further 16 have been referred for independent assessment to the Criminal Justice Inspection (CJI) and the Regulation and Quality Improvement Authority (RQIA). Bringing the number of recommendations that have been completed or referred to 37.

Northern Ireland prison overview

13


Despite being built originally to hold 432 people, HMP Maghaberry routinely holds in excess of 1,000 men. A new 360-cell block is planned for construction to relieve pressure on overcrowding, with around half of prisoners doubled up in cells meant for one.174

Children and young adults199 children (aged 10–17) entered custody in 2014–15, a small rise on the year before. On average 34 children were held in custody—the highest number since 2007–08.175

The majority were boys. Only 30 girls entered custody in 2014–15—slightly higher than previous years.176

Most children in custody are there on remand—accounting for nearly 60% of the population.177

Use of remand for this age group is rising. It has risen by over a third (36%) in the last two years—accounting for more than half (54%) of transactions.178

Two-fifths of young people in custody in 2014–15 were aged 17 to 18. Nearly a third (32%) were aged 16, and a fifth were aged 15. There were eight children aged 10 to 13—accounting for 4% of the children in custody.179

A third of children in custody in 2014–15 were in care (18% subject to a care order and 16% voluntary accommodated).180

Half (51%) of children entering custody under PACE (pre-charge) go on to be remanded or sentenced. They usually remain in custody for “at most, a few days” according to the Youth Justice Agency (YJA).181

There is a clear pattern of increased PACE admissions at weekends. YJA analysis found that twice as many PACE admissions occurred on Saturday or Sunday compared to any other individual day of the week.182

54% of young people screened have a communication need. The YJA is working with the Royal College of Speech and Language Therapists in piloting e-learning and screening tools.183

174 Committee for Justice (2015) Prison Reform Programme and Northern Ireland Prison Estate Strategy: Northern Ireland Prison Service, Belfast: Northern Ireland Assembly and Committee for Justice (2014) Prison Reform Programme: Prison Governors’ Association, Belfast: Northern Ireland Assembly

175 O’Neill, N. (2015) Youth Justice Agency Annual Workload Statistics 2014/15, Belfast: Youth Justice Agency

176 Table 9, Ibid.177 Ibid.178 Table 2, Ibid.179 Table 10, Ibid.180 Table 12, Ibid.181 Table 14, Ibid.182 Ibid.183 Criminal Justice Inspection Northern Ireland (2014) Monitoring of progress on

192 young adults (aged 18–20) entered custody in 2014—continuing the downward trend.184

A new secure college for young adults at Hydebank Wood opened in April 2015. The college, for 18–21 year old young men, provides education, vocational training, mentoring and support programmes.185

More than a third of young adults entering Hydebank Wood had literacy problems and over half had numeracy difficulties.186

CostsThe average cost per prisoner place fell from £73,732 in 2010 to £62,898 in 2014. There is a target to reduce it by 21% to £60,800.187

The cost of child custody is currently £1,004 per day.188

The prison service has seen a 15% budget reduction in the last four years.189

There are currently £200m worth of business cases approved for prison service capital projects. This includes work to improve blocks at Magilligan, and a new women’s prison. However, there is currently no assurance of funding beyond the 2015–16 financial year.190

Inspectors have raised concerns that children are being inappropriately placed in custody at times of crisis when no alternative accommodation is available, at a cost of around £9.3m per year.191

For 2014-15 the prison service’s opening resource budget was £114m, with a further £17m for capital projects. £23.2m of savings were identified by NIPS, of these £19.4m related to savings from the staff exit scheme.192

Despite 518 staff leaving through the voluntary early retirement scheme, none of this money has been reinvested back into the prison service.193

implementation of the youth justice review recommendations, Belfast: CJI Northern Ireland184 Table 8, Department of Justice (2015) The Northern Ireland prison population 2014 and

2014/15, Belfast: Department of Justice185 Department of Justice website, accessed on 6 August 2015, available at

http://www.northernireland.gov.uk/index/media-centre/news-departments/news-doj/news-doj-april-2015/news-doj-130415-new-prison-college.htm

186 Ibid.187 Committee for Justice (2014) Prison Service Reform and Management of Drugs Misuse:

Northern Ireland Prison Service, Belfast: Northern Ireland Assembly188 Criminal Justice Inspection Northern Ireland (2015) An announced inspection of

Woodlands Juvenile Justice Centre, Belfast: CJINI189 Committee for Justice (2014) Prison Service Reform and Management of Drugs Misuse:

Northern Ireland Prison Service, Belfast: Northern Ireland Assembly190 Committee for Justice (2015) Prison Reform Programme and Northern Ireland Prison

Estate Strategy: Northern Ireland Prison Service, Belfast: Northern Ireland Assembly191 Criminal Justice Inspection Northern Ireland (2015) An announced inspection of

Woodlands Juvenile Justice Centre, Belfast: CJINI192 Northern Ireland Prison Service (2014) Business Plan 2014–15, Belfast: Department of

Justice193 Committee for Justice (2014) Prison Service Reform and Management of Drugs Misuse:

Northern Ireland Prison Service, Belfast: Northern Ireland Assembly

14


A £3m partnership with Belfast Metropolitan College and the North West Regional College has been created to give prisoners in Maghaberry, Magilligan and Hydebank Wood College new education and training opportunities.194

People in prisonA total of 67% of all prisoners are on prescribed medication—80% at Maghaberry, 58% at Magilligan and 38% at Hydebank Wood Young Offender’s Centre. The levels of prescribing reflect the fact that prisoners tend to have poorer physical and mental health than the general population.195

Almost 40% of prisoners reported that they had a problem with drugs when they came into prison—31% with prescription drugs.196

44% of prisoners reported having a problem with alcohol when they came into prison.197

7% of the prison population are foreign nationals—57% are on remand and 91% are men.198

The national and ethnic mix in prisons in Northern Ireland has changed considerably in recent years. The majority of foreign nationals are from eastern Europe, primarily Lithuania and Poland, or from China. Only around 1% of the prison population is Black or South Asian. Irish Travellers also account for about 1% of the population.199

34% of prisoners entering prison have a literacy ability, and 51% have a numeracy ability, at a level broadly equated to that expected of a nine year old.200

Safety in custodyDuring 2014–15 there were three deaths in custody (one less than last year)—two were at Maghaberry prison and one was at Magilligan.201

During 2013–14 there were a total of 96 assaults—a 10% rise on the previous year. 67 ocurred at Maghaberry, 23 at Hydebank Wood and six at Magilligan. There was however a change in recording practices for assaults in 2013.202

194 Department of Justice website, accessed on 6 August 2015, available at http://www.dojni.gov.uk/index/media-centre/news-archive/may-2015/ministers-announce-33-new-jobs-providing-learning-and-skills-in-prisons.htm

195 Criminal Justice Inspection Northern Ireland (2015) The Safety of Prisoners held by the Northern Ireland Prison Service, Belfast: CJINI

196 Ibid.197 Ibid.198 Northern Ireland Prison Service (2015) Analysis of NIPS Prison Population from

01/01/2014 to 31/03/2015, Belfast: Department of Justice199 Prison Review Team (2011) Review of the Northern Ireland Prison Service Conditions,

Management and Oversight of all Prisons: Final Report, Belfast: Prison Review Team200 Northern Ireland Prison Service (2014) Building for the future - Northern Ireland Prison

Service Estate Strategy, Belfast: Department of Justice201 The Prisoner Ombudsman for Northern Ireland (2015) Annual Report 2014–15, Belfast: The

Prisoner Ombudsman for Northern Ireland202 Committee for Justice (2014) Prison Service Reform and Management of Drugs Misuse:

Northern Ireland Prison Service, Belfast: Northern Ireland Assembly

Half of prisoners reported feeling unsafe at some time during their time in custody. 42% reported they had been bullied and of those that had, 19% reported the incident, 23% did not.203

Inspectors have raised concerns about the availability of drugs within prisons. “They have been responsible for a number of deaths in custody and other serious incidents, and are a cause of a significant proportion of the bullying which takes place. This is true both for illicit and prescription drugs”.204

Almost one in 10 prisoners (8%) reported they had developed a problem with drugs since coming into prison.205

Use of restraint on children in custody rose by 13% in the last year.206

Women in prisonOn 16 October 2015 there were 50 women in prison in Northern Ireland.207

Women accounted for 6% of receptions into prison in 2014.208

81% of women entering prison to serve a sentence are there for non-violent offences. The majority are there for theft.209

A six-bedroom step-down facility for women is being built outside the perimeter of Hydebank Wood. It will provide places for women who are coming towards the end of their sentences or do not need conditions of security.210

According to the Department of Justice, “most women offenders pose a low risk, or even no risk, to society as a whole.211

64% of women were receiving some form of social security benefit before entering prison.212

203 Criminal Justice Inspection Northern Ireland (2015) The safety of prisoners held by the Northern Ireland Prison Service, Belfast: CJINI

204 Ibid.205 Ibid.206 Youth Justice Agency (2015) Youth Justice agency annual Report and accounts

2014–2015, Belfast: CDS207 Northern Ireland Prison Service, situation report for 16 October 2015, accessed on 26

October, available at https://www.dojni.gov.uk/articles/weekly-situation-reports-october-2015

208 Table 8, Department of Justice (2015) The Northern Ireland prison population 2014 and 2014/15, Belfast: Department of Justice

209 Department of Justice (2014) The Northern Ireland Prison Population: Receptions 2009-2012, Belfast: Department of Justice

210 Committee for Justice (2015) Prison Reform Programme and Northern Ireland Prison Estate Strategy: Northern Ireland Prison Service, Belfast: Northern Ireland Assembly

211 Department of Justice (2013) Reducing offending among women 2013-2016, Belfast: Department of Justice

212 Ibid.

15


45% of women in prison surveyed said they had children under the age of 18.213 52% said that it was difficult or very difficult for family and friends to visit.214

Experiences of physical abuse and sexual abuse were recorded in most women’s pre-sentence reports (74.5% physical abuse, 10.5% sexual abuse).215

88% of women had experienced depression while in prison. 60% had been taking some form of medication prior to their imprisonment.216

48% had experienced suicidal thoughts, 32% had self-harmed, and 32% had attempted to take their own lives.217

Outcomes46% of adults released from custody went on to reoffend within a year. More than half (55%) of those who reoffended had done so within the first three months of release; over three-quarters (78%) had within six months.218

Of the 40 children released from custody, 34 committed a proven reoffence—23 reoffended within the first four months.219

A total of £473,501 has been raised for the Victims of Crime Fund to improve support services to victims of crime since its introduction in June 2012. The fund is resourced by people who have been convicted of crimes.220

Treatment and conditionsStaff shortages at Maghaberry Prison were a serious problem during 2014–15. This led to unpredictable and restricted regimes, long periods spent in cells and limited purposeful activity.221

There were an average of 56 partial lockdowns per month at Maghaberry in 2014.222

Inspectors reported that purposeful activity at Ash House, Northern Ireland’s only women’s prison, “was very poor and the paucity of opportunities had a negative affect on equipping women for release”.223213 National Preventive Mechanism (2013) Report on an announced inspection of Ash House,

Hydebank Wood Women’s Prison, Belfast: Criminal Justice Inspection Northern Ireland214 Ibid.215 Northern Ireland Office (2009) Addressing Offending by Women: a literature review, Belfast:

Northern Ireland Office216 Ibid.217 Ibid.218 Duncan, L. (2015) Adult and Youth Reoffending in Northern Ireland (2012/13 Cohort),

Belfast: Department of Justice219 Ibid.220 Department of Justice website, accessed on 6 August 2015, available at

http://www.northernireland.gov.uk/index/media-centre/news-departments/news-doj/news-doj-june-2015/news-doj-090615-offenders-pay-to.htm

221 Prisoner Ombudsman for Northern Ireland (2015) Annual Report 2014–15, Belfast: Prisoner Ombudsman for NI

222 Ibid.223 Criminal Justice Inspection Northern Ireland (2014) Annual Report and Accounts 2013/14,

Most people at Hydebank Wood young offenders centre (aged 18–21) were found to spend too long locked in their cells. There were frequent and unpredictable lock-downs, and activities were often cancelled at short notice.224

Only 7% of prisoners at Hydebank Wood said they went out on exercise three or more times a week, and 15% said they went on association more than five times a week.225

Catholic prisoners are more negative about their experience in prison than Protestants. The Inspectorate has repeatedly called for prisons to do more to understand and address this.226

40% of people at Magilligan were unemployed. Much of the work that did exist was mundane and the range of training and education was limited, unrelated to the labour market, and offered only low level qualifications.227

The Prisoner Ombudsman for Northern Ireland received 1,429 eligible complaints in 2014–15, triple the number of the year before. Separated Republican prisoners in Maghaberry accounted for 81% of these complaints.228

Complaints to the Prisoner Ombudsman for Northern Ireland were upheld in 44% of cases during 2014–15.229 This compares to 39% in England and Wales.230

Foreign national prisoners made only 2% of all complaints received in 2013, despite comprising some 8% of the overall prison population. This is despite an interpretation service available to people who cannot speak English.231

Prison Service performanceDuring 2013–14, absence in the Prison Service totalled 13.8 days per member of staff against the Department of Justice target of 9.7 days. This is down from 14.4 days in 2011–12.232

Belfast: CJI Northern Ireland224 Criminal Justice Inspection Northern Ireland (2013) Report on an announced inspection of

Hydebank Wood Young Offenders Centre, Belfast: CJINI225 Ibid.226 Ibid., Criminal Justice Inspection Northern Ireland (2015) Report on an unannounced

inspection of Magilligan Prison, Belfast: CJINI and Criminal Justice Inspection Northern Ireland (2012) Report on an announced inspection of Maghaberry Prison, Belfast: CJINI

227 Criminal Justice Inspection Northern Ireland (2014) Annual Report and Accounts 2013/14, Belfast: CJI Northern Ireland

228 Prisoner Ombudsman for Northern Ireland (2015) Annual Report 2014–15, Belfast: Prisoner Ombudsman for NI

229 Ibid.230 Prisons and Probation Ombudsman (2015) Annual report 2014–15, London: PPO231 Prisoner Ombudsman for Northern Ireland (2014) Corporate Plan 2014-2017, Belfast:

Prisoner Ombudsman for Northern Ireland232 Northern Ireland Assembly Debate, 10 June 2014, available at http://www.theyworkforyou.

com/ni/?id=2014-06-10.2.152#g2.153 and Northern Ireland Prison Service (2012) Annual Report and Accounts 2011-12, London: The Stationery Office

16


The sick leave rate at Woodlands Juvenile Justice Centre in 2013–14 was 11.72 days per member of staff—nine days less than the previous year.233

Staff sick leave was found to rise in line quickly with population increases and challenging behaviour by children. Staff morale was not good and some staff reported feeling burned out.234

Crime and public perceptionsThe risk of becoming a victim of crime is lower in Northern Ireland (10%) than in England and Wales (17%).235

Crime has fallen by almost three-fifths (58.3%) since 2003–04, with 172,000 fewer crimes in 2013–14 than in 2003–04.236

Drugs (70%), alcohol (60%) and a lack of discipline from parents (57%) were the three factors most commonly identified by Northern Ireland Crime Survey (NICS) respondents as major causes of crime.237

Almost three-fifths (57%) of NICS 2013/14 respondents thought crime levels in Northern Ireland had increased in the preceding two years.238

However they continued to be more positive about crime in their local area—with only 27% believing that local crime levels had increased in the preceding two years.239

Community solutionsA youth conference is designed to give young offenders the opportunity to understand and make amends to their victims for the consequences of their offending, and to take steps to stop future crime.240

In 2012–13 the one year reoffending rate for a diversionary youth conference plan was 35%—community disposals such as youth conference order had a reoffending rate of 56%, and 62% for a supervision order.241

233 Criminal Justice Inspection Northern Ireland (2015) An announced inspection of Woodlands Juvenile Justice Centre, Belfast: CJINI

234 Ibid.235 Campbell, P. (2015) Experience of Crime: Findings from the 2013/14 Northern Ireland

Crime Survey, Belfast: Department of Justice236 Ibid.237 Campbell, P. (2014) Perceptions of Crime: Findings from the 2013/14 Northern Ireland

Crime Survey238 Ibid.239 Ibid.240 Criminal Justice Inspection Northern Ireland (2015) The Effectiveness of Youth

Conferencing, Belfast: CJINI241 Table 8, Duncan, L. (2014) Youth Reoffending in Northern Ireland (2012/13 Cohort), Belfast:

Department of Justice

Between 2008–09 and 2011–12 an average of 93% of agreed youth conference plans were successfully completed. During the same period, on average 77% of all referrals received resulted in a completed youth conference plan.242

Direct victim attendance at youth conferences was 49% for 2012–13. The previous figure was 78%, however this related to any victim, whereas the new measurement was solely ‘direct victims’. There was an upward trend in attendance rates.243

Direct victims “reported a satisfaction rate of between 90–100%”.244

Around 40% of referrals involved young people who were looked after in the care system. Many of the offences for which these young people were referred are directly linked to the care home environment involving damage or assaults on staff.245

Inspectors stated “it is unfair for young people in care home settings to be subject to a different threshold regarding their behaviour at ‘home’ as compared to other young people living with parents or guardians”.246

Youth Engagement Clinics have been established for children who commit low level offences. They divert children away from formal criminal proceedings into a diversionary disposal.247

242 Tables 26 and 27, Decodts, M. and O’Neill, N. (2014) Youth Justice Agency Annual Workload Statistics 2012/13, Belfast: Youth Justice Agency

243 Criminal Justice Inspection Northern Ireland (2014) Monitoring of progress on implementation of the youth justice review recommendations, Belfast: CJI Northern Ireland

244 Ibid.245 Criminal Justice Inspection Northern Ireland (2015) The Effectiveness of Youth

Conferencing, Belfast: CJINI246 Ibid.247 Youth Justice Agency (2015) Youth Justice agency annual Report and accounts

2014–2015, Belfast: CDS

17


The proportion of prisons whose performance is “of concern” or “of serious concern” almost doubled from 13% in 2012–13, to 24% in 2014–15.248

Three-quarters of prisoners told inspectors that staff treated them with respect. Good relationships between staff and prisoners have mitigated the worst effects of problems elsewhere.249

15 prisons were operating a restricted regime during May 2015. Prisons may implement restrictions as staffing levels become too low to run existing regimes safely. This limits time spent in purposeful activity and increases time in cell.250

One in five prisoners told inspectors that they spent less than two hours a day out of their cells during the week.251

Only one in seven said they spent 10 hours or more out of their cell each day.252

In most closed prisons exercise in the fresh air is limited to 30 minutes a day.253 However, European Prison Rules state that everyone should have the opportunity of at least one hour of exercise a day in the open air, if the weather permits.

Most people are locked up for the night at 6.30pm—often even earlier during weekends. This meant some prisoners (especially those in full-time employment) were unable to shower every day. Some also struggled to telephone their families and friends.254

248 Ministry of Justice (2015) Prison Annual Performance Ratings 2014/15, London: Ministry of Justice and Prison performance digest 2012-13


250 Ministry of Justice (2015) Government Response to the Justice Committee’s Ninth Report of Session 2014-15 Prisons: Planning and Policies, London: The Stationery Office


252 Ibid.253 Ibid.254 Ibid.

Inspectors found there was a deterioration in the already impoverished regimes at many segregation units—people could only use showers and telephones two or three times a week, and many were only unlocked for about 30 minutes a day (rather than an hour as previously).255

Both the Justice Committee and HM Chief Inspector of Prisons have stated that falling staff numbers have been a key factor behind deteriorating standards within prisons in recent years.256

If a person has a request or concern they can raise it through the application process. It is a means of dealing with routine issues before they escalate into formal complaints.

However, inspectors found that the applications process continued to be poor—only half of prisoners felt that their applications were dealt with fairly.257

In March 2010, 1,973 prison places did not have in-cell sanitation or open access to toilet facilities.258

The daily prison food budget within public sector prisons for 2014–15 was £2.02 per person.259

255 Ibid.256 House of Commons Justice Committee (2015) Prisons: Planning and Policies, London:

The Stationary Office and HM Chief Inspector of Prisons (2015) Annual Report 2014-15, London: The Stationery Office


258 Hansard HC, 7 December 2010, c204W259 Ministry of Justice (2015) Freedom of Information request FOI 96015, available at https://

www.gov.uk/government/uploads/system/uploads/attachment_data/file/438939/daily-food-allowance-per-prisoner.doc

HM Inspectorate of Prisons found that assessed outcomes in prisons during 2014–15 fell sharply across all areas and were the worst seen for 10 years. However, the small number of women’s prisons and establishments holding children had not declined in the same way as adult men’s prisons.

Most adult male prisons implemented a new ‘core day’ during 2014–15. This was intended to provide predictability for prisoners and maximise their time out of cell. This scaled back ambitions, representing a significant decline in the quality of regime. People are spending longer in their cells, meaning less opportunity to contact families and interact with staff. Acute staff shortages and an overall lack of work and learning and skills activity places has meant that many prisons have been unable to implement even this reduced regime.

“Conditions in many cells were unacceptably poor. Many were filthy, covered in graffiti, some of which was offensive, and furniture was broken or missing. Toilets were filthy and inadequately screened. Windows were broken. We found cockroaches in cells on C wing.”HM Inspectorate of Prisons report on HMP Wormwood Scrubs (2014)

Treatment and conditions

18


Overcrowding and changes to the prison estateOvercrowdingPrison overcrowding is defined by the prison service as a prison containing more prisoners than the establishment’s Certified Normal Accommodation (CNA). CNA represents “the good, decent standard of accommodation that the [prison] service aspires to provide all prisoners.”260

“Overcrowding is not simply an issue of how many prisoners can be crammed into the available cells but also affects whether the activities, staff and other resources are available to keep them purposefully occupied and reduce the likelihood they will reoffend. A prisoner who is unemployed because there is no activity available for him might spend 22 hours a day, and eat all his meals, with another prisoner in a small cell designed for one, perhaps eight foot by six foot, with an unscreened toilet.”Nick Hardwick, HM Chief Inspector of Prisons261

At the end of September 2015, 70 of the 117 prisons in England and Wales were overcrowded—holding 8,495 people more than they were designed to.262

In 2014–15 an average of 21,765 prisoners were held in overcrowded accommodation, accounting for more than a quarter of the total prison population.263 The majority were doubling up in cells designed for one.264

Overcrowding remains a significant problem. Particularly in local and category C training prisons, where most prisoners are held.265

The rate of overcrowding in male local establishments is twice the national rate.266

Previously published overcrowding figures had to be corrected in 2015 due to historic under-reporting from some prisons.267

260 HM Prison Service (2001) Prison Service Order 1900—Certified Prisoner Accommodation, London: HMPS


262 Ministry of Justice (2015) Monthly population bulletin September 2015, London: Ministry of Justice

263 Table 13, Ministry of Justice (2015) National Offender Management Service Annual Report 2014/15: Management Information Addendum, London: Ministry of Justice

264 Hansard HC, 16 June 2015, HCWS36265 HM Chief Inspector of Prisons (2015) Annual Report 2014-15, London: The Stationery

Office266 Table 13, Ministry of Justice (2015) National Offender Management Service Annual Report

2014/15: Management Information Addendum, London: Ministry of Justice267 Ministry of Justice (2015) National Offender Management Service Annual Report 2014/15:

Management Information Addendum, London: Ministry of Justice

The Prisons and Probation Ombudsman (PPO) has highlighted the damaging, and potentially tragic, effects of prisoners being transferred on “overcrowding drafts”. People are often moved from prisons that they know and are known in to other busy prisons where they may feel less safe.268

Estimates of future prison numbers vary widely. By the end of June 2020 the demand for prison spaces is projected to be between 81,400 and 98,900.269

During 2014–15 the prison population was higher than projected. In order to cope, two prisons had their role changed, closed wings were re-opened at two prisons, additional places were purchased within private prisons and there were higher levels of overcrowding in public sector prisons.270

268 Prisons and Probation Ombudsman (2009) Annual Report 2008-2009, London: COI269 Table A1, Ministry of Justice (2014) Prison Population Projections 2014-2020, London:

Ministry of Justice270 National Offender Management Service (2015) Annual Report and Accounts 2014/15,

London: The Stationery Office

Most overcrowded prisons in England and Wales

Prison Overcrowded (%)

Kennet 78%Leeds 76%Wandsworth 67%Exeter 66%Swansea 66%Durham 58%Lincoln 58%Preston 53%Bedford 51%Brixton 51%

19


Changes to the prison estateSeventeen prisons have closed since 2010 and a further two have transferred to the private sector.271 Following the closure of four prisons announced in September 2013 NOMS has saved approximately £30m annually.272

New houseblocks at HMPs Thameside, The Mount, Parc and Peterborough opened in 2015, providing 1,250 extra prison places.273

Work to develop a new 2,100 place prison in Wrexham, North Wales has also begun and is scheduled to be fully operational by late 2017.274 It is expected to cost £212m to build.275

271 Figure 5, National Audit Office (2013) Managing the prison estate, London: The Stationery Office and Table 1.19, Ministry of Justice (2014) Safety in custody statistics quarterly Update to March 2014, London: Ministry of Justice

272 National Offender Management Service (2014) Annual Report and Accounts 2013/14, London: Ministry of Justice

273 Hansard HL, 8 July 2015, written question HL1213274 National Offender Management Service (2014) Annual Report and Accounts 2013/14,

London: Ministry of Justice275 Croasdale, C. (2014) Category B inmates at Wrexham prison can’t be ruled out,

HMPs Blantyre House and Downview are temporarily closed due to spare capacity within the open prison estate. There are currently no plans to re-open Downview.276

32 prisons now hold over 1,000 men—compared with only 12 a decade ago.277

£5.88m was spent developing plans to build a 300-place secure college for children—the plans have since been scrapped.278

The government will provide £25m from the aid budget to help fund the construction of a new 1500-place prison in Jamaica.279

NewsNorthWales, available at http://www.newsnorthwales.co.uk/news/134265/category-b-inmates-at-wrexham-prison-can-t-be-ruled-out.aspx

276 Hansard HC, 07 July 2015, written question 5909 and Surrey Mirror (2015) Banstead prison due to be converted to hold male inmates to remain closed, available at http://www.surreymirror.co.uk/Banstead-prison-converted-hold-male-inmates/story-27686233-detail/story.html#ixzz3kf62jYtl

277 Ministry of Justice (2015) Monthly Population Bulletin September 2015, London: Ministry of Justice and Table 4, Home Office (2004) Monthly Prison Population data August 2004, London: Home Office

278 Hansard HC, 10 July 2015, written question 6553279 Gov.uk website, accessed on 2 October 2015, available at

https://www.gov.uk/government/news/uk-signs-deal-to-send-jamaican-prisoners-home

Prison closures in England and Wales2011

AshwellBrockhillLancaster CastleLatchmere HouseMorton Hall

2012

Wellingborough

2013

BlundestonBullwood HallCamp HillCanterburyDorchesterGloucesterKingstonNorthallertonReadingShepton MalletShrewsbury

2015*

Blantyre HouseDownview

*Temporarily closed

Prison building in England and Wales2015: Additional capacity

The MountParcPeterboroughThameside

2017: New build

Wrexham


20

Prison service resources and staffingResourcesBetween 2010–11 and 2014–15 NOMS delivered cumulative savings of almost £900m, a reduction of nearly a quarter since 2010–11.280

NOMS has a savings target of a further £91m for 2015–16.281

Over the last four years public sector prisons have delivered £334m savings.282

By the end of 2014–15, the capacity management programme had delivered £170m in savings and closed over 7,000 places.283

Between 2009–10 and 2012–13 the cost of a prison place reduced in real terms by 13% with projected ongoing annual savings of £300m expected from 2015–16.284

StaffingThere are now fewer staff looking after more prisoners. The number of staff employed in the public prison estate has fallen by 30% in the last five years —13,730 fewer staff looking after nearly 1,200 more people.285

In 2000 there was on average one prison officer for every 2.9 prisoners, by the end of March 2014 this had increased to 5.3 prisoners.286

280 National Offender Management Service (2015) Annual Report and Accounts 2014/15, London: The Stationery Office

281 Hansard HC, 7 July 2015, written question 5958282 National Offender Management Service (2015) Annual Report and Accounts 2014/15,

London: The Stationery Office283 National Offender Management Service (2014) Business Plan 2014-2015, London: NOMS284 National Offender Management Service (2015) Annual Report and Accounts 2014/15,

London: The Stationery Office285 Table 2, Ministry of Justice (2015) National Offender Management Service workforce

statistics bulletin: June 2015, London: Ministry of Justice and Table A1.1, Ministry of Justice (2015) Offender management statistics, Prison population 2015, London: Ministry of Justice

286 Hansard HC, 23 July 2007, c785W and Ministry of Justice (2014) Deposited paper DEP2014-1341, London: House of Commons Library

£56.5m was spent on severance payments to prison officers under the voluntary early departure scheme in 2013.287

Prisons are faced with high sickness levels amongst staff. In 2014–15 the average number of working days lost to sickness absence was 11.1 days, a rise from 9.8 days in 2011-12.288 This compares to an average of 4.4 days per worker in the labour market as a whole.289

Due to staff shortages and a rising prison population NOMS has established HM Prison Service Reserve, inviting 2,066 former officers to take up fixed term contracts.290

Staff shortages have required the use of detached duty. During March 2015, there were 210 people deployed to a different prison to ensure that there was a safe number of staff.291

The average length of time that a governor spent in a particular post, in public sector prisons, between January 2008 and December 2013 was three years and four months.292

6.8% of staff in public prisons and NOMS headquarters are from a black or minority ethnic group.293

287 Ministry of Justice (2015) Deposited paper DEP2015-0203, London: House of Commons Library

288 Table 14, Ministry of Justice (2015) National Offender Management Service Annual Report 2014/15: Management Information Addendum, London: Ministry of Justice and Table 18, Management Information Addendum 2011/12

289 Office for National Statistics (2014) Sickness Absence in the Labour Market, February 2014, London: ONS

290 Hansard HC, 14 July 2014, c491W291 Hansard HL, 8 July 2015, written question HL1214292 Hansard HC, 10 March 2014, c115W293 Table 15, Ministry of Justice (2015) National Offender Management Service Annual Report

2014/15: Management Information Addendum, London: Ministry of Justice

-50

-25

0

25

50

March 2010 March 2012 March 2014

NOMS employed prison staffPrison population

Public sector prison staff Numbers are falling—but the prison population isn’t

Sources: Offender management statistics, Prison population 2015 andNational Offender Management Service workforce statistics bulletin: June 2015

Indexed at 2010 levels

Perc

enta

ge c

hang

e

£0m

£250m

£500m

£750m

£1,000m

2011–12 2012–13 2013–14 2014–15 2015–16

Year 1 Year 2 Year 3 Year 4 Year 5

Source: NOMS Business Plan 2014–15 and Annual Report 2014–15

£229m

£246m

£274m

£149m

£91m

More with lessNOMS has seen nearly £1000m cut from its budget


21

In the 12 months to March 2015, 57% of custodial sentences imposed were for six months or less.300

Use of the Indeterminate Sentence for Public Protection (IPP) has all but ended following its abolition—with four people sentenced in the 12 months to March 2015.301 However, there are currently still 4,614 people in prison still serving an IPP sentence, 3,532 of whom are beyond tariff.302

Use of very long determinate sentences has increased dramatically over the last 10 years. Nearly three times as many people were sentenced to 10 years or more in the 12 months to March 2015 than at the same time in 2005.303

Most women entering prison serve very short sentences. In 2014, 58% of sentenced women entering prison were serving six months or less. In 1993 only a third of women entering custody were sentenced to six months or less.304

Anyone leaving custody who has served two days or more is now required to serve a minimum of 12 months under supervision in the community.305

The government has estimated that around 13,000 people will be recalled or committed to custody as a result of these changes—requiring around 600 additional prison places, at a cost of £16m per year.306



2015, London: Ministry of Justice303 Table Q5.4a, Ministry of Justice (2015) Criminal justice statistics quarterly March 2015,

London: Ministry of Justice304 Table A2.1, Ministry of Justice (2015) Offender management statistics, Prison receptions

2014, London: Ministry of Justice305 Ministry of Justice (2013) Offender Rehabilitation Bill Impact Assessment, London: Ministry

of Justice306 Ministry of Justice (2013) Updated Impact Assessment for the Offender Rehabilitation Bill,

London: Ministry of Justice

Sentencing trends and legislation

The number of people sentenced by the courts has fallen by 19% over the last 10 years. 1.22m people were sentenced in the 12 months to March 2015, a small rise on the year before.294

7% of people sentenced by the courts were given a custodial sentence in the 12 months to March 2015.295

90,333 people were sentenced to immediate custody in the year to March 2015, a drop of 3% compared to the previous 12 months and the lowest figure in the last 10 years.296

However, the average prison sentence has been getting longer. It’s now nearly four months longer than twenty years ago at 15.9 months. For more serious, indictable offences, the average is 53.6 months.297

Greater use of long custodial sentences accounted for two-thirds of the rise in the prison population between 1993 and 2012.298

Increasing numbers of people in prison don’t know if, or when, they might be released. The proportion of sentenced prisoners serving an indeterminate sentence has almost doubled since 1993.299

294 Table Q5.1b, Ministry of Justice (2015) Criminal justice statistics quarterly March 2015, London: Ministry of Justice

295 Ibid.296 Ibid.297 Ibid. and Table 2.3, Home Office (2007) Sentencing Statistics 2005, London: Home Office298 Ministry of Justice (2013) Story of the prison population: 1993–2012 England and Wales,

London: Ministry of Justice299 Table A1.1, Ministry of Justice (2014) Offender management statistics, Prison population

2014, London: Ministry of Justice and Ministry of Justice (2013) Story of the prison population: 1993–2012 England and Wales, London: Ministry of Justice

0

15,000

30,000

45,000

60,000

75,000

90,000

1993 1996 1999 2002 2005 2008 2011 2014Source: Offender management statistics, Prison population 2015

A growing problemThe prison population in England and Wales has nearly

doubled in 20 years Mid-year population

Source: Ministry of Justice (2015) Criminal justice statistics March 2015

Determined to keep them locked upThe increase in long, determinate sentences

Perc

enta

ge c

hang

e

-100

-50

0

50

100

150

200

2005 2007 2009 2011 2013 2015

6 months or lessGreater than 6 months to less than 12 months12 months to less than 4 years4 years to 10 yearsOver 10 years (excluding indeterminate)

22


Life and indeterminate sentences

Increasing numbers of people in prison don’t know if, or when, they might be released. 12,053 people are in prison serving an indeterminate sentence.307 This compares with fewer than 4,000 in 1998 and 3,000 in 1992.308

The proportion of the sentenced prison population serving a life or indeterminate sentence for public protection (IPP) has almost doubled since 1993 from 9% to 17% in 2014.309

England and Wales have more than three times as many people serving indeterminate sentences than France, Germany and Italy combined—the highest in Europe by a significant margin.310

People must serve a minimum tariff in prison, set by the courts, before they can be considered for release.

The Parole Board, which is responsible for recommending the release of people serving indeterminate sentences, is under pressure following a 2013 Supreme Court judgement.

The number of cases requiring oral hearings each month has increased from 335 to 570 following the judgement.311

Despite reforms to increase the number of hearings there still remains a significant backlog of cases—potentially delaying people’s release.312

The backlog of Parole Board cases to be reviewed stood at 2,022 on 1 April 2014.313 This grew further during 2014–15.314

Life sentences7,439 people are currently in prison serving a life sentence. Over half (53%) had a tariff of 10–20 years, a quarter had up to 10 years and 19% had 20 years or more.315

Lifers continue to serve their sentence on release from prison for the rest of their lives. They are subject to monitoring and restrictions and can be returned to custody at any point if they break the terms of their licence.307 Table A1.1, Ministry of Justice (2015) Offender management statistics, Prison population

2015, London: Ministry of Justice308 Table 1.8, Home Office (2003) Prison Statistics England and Wales 2002, London: The

Stationery Office309 Ministry of Justice (2013) Story of the prison population: 1993–2012 England and

Wales, London: Ministry of Justice and Table A1.1, Ministry of Justice (2014) Offender management statistics, Prison population 2015, London: Ministry of Justice

310 Table 7, Aebi, M. and Delgrande, N. (2015) Council of Europe Annual Penal Statistics, Survey 2013, Strasbourg: Council of Europe

311 Parole Board (2015) Annual report and accounts 2014/15, London: The Stationery Office312 Ibid.313 Hansard HC, 22 July 2014, c1155W314 Parole Board (2015) Annual report and accounts 2014/15, London: The Stationery Office315 Table A1.13, Ministry of Justice (2015) Offender management statistics, Prison population

2015, London: Ministry of Justice

A third of people currently in prison on a life sentence have already served their minimum tariff.316

There are currently 51 people serving a whole life sentence—they will never be released.317 A further 543 people are serving a life sentence with a tariff of more than 25 years.318

People serving mandatory life sentences are spending more of their sentence in prison. On average they spend 17 years in custody, up from 13 years in 2001.319

Judges are also imposing longer tariff periods.320 The average minimum term imposed for murder rose from 12.5 years in 2003 to 21 years in 2013.321

People coming towards the end of their sentence may be transferred to open conditions to help prepare them ahead of the release— following a recommendation from the Parole Board.

However, inspectors found that prisoners are often poorly prepared for the move from closed to open conditions and that as a result, many suffered a ‘culture shock’ on their arrival.322

Inspectors found it was often harder for men on life sentences to access courses, particularly sex offenders, as many were only run for determinate prisoners. Spaces were often taken by IPP prisoners who were treated as a higher priority especially if they were beyond tariff.323

Inspectors found that new arrangements for providing education within prisons had significantly reduced the available options for life sentenced prisoners.324

The vast majority of life sentenced prisoners are successfully integrated back into the community on release. 4.5% of those sentenced to a mandatory life sentence and 10% of those serving other life sentences reoffended on release, compared to 45% of the overall prison population.325

316 Ibid.317 Ibid.318 Ministry of Justice (2014) Freedom of Information request 89346, accessed on 30

September 2015, London: Ministry of Justice319 Table A3.4, Ministry of Justice (2015) Offender management statistics annual tables

2014, London: Ministry of Justice and Table A3.4, Ministry of Justice (2014) Offender management statistics annual tables 2013, London: Ministry of Justice

320 Criminal Justice Joint Inspection (2013) A Joint Inspection of Life Sentenced Prisoners, London: HM Inspectorate of Probation

321 Ministry of Justice (2014) Freedom of Information request 89346, accessed on 30 September 2015, London: Ministry of Justice

322 Criminal Justice Joint Inspection (2013) A Joint Inspection of Life Sentenced Prisoners, London: HM Inspectorate of Probation

323 Ibid.324 Ibid.325 Table 17a, Ministry of Justice (2015) Proven reoffending statistics: October 2012 to

September 2013, London: Ministry of Justice


23

Indeterminate Sentence for Public ProtectionUse of the Indeterminate Sentence for Public Protection (IPP) has all but ended following its abolition—with four people sentenced in the 12 months to March 2015.326 However, there are currently still 4,614 people in prison still serving an IPP sentence, 3,532 of whom are beyond tariff.327

A new Extended Determinate Sentence (EDS) has been created whereby all people convicted of serious sexual and violent crimes are imprisoned for at least two-thirds of their sentence, with an extended period of licence on release of up to five years for violent offences, and eight for sexual offences.328

Rates of release for IPP prisoners have slowed in the past year despite changes to help more IPP prisoners work towards their legitimate release.329 In 2014 for every 1,000 people serving an IPP sentence only 73 were released, down from 77 in 2013.330

17% of people currently serving an IPP have a tariff of less than two years, and 44% have a tariff of between two and four years.331

As of 31 March 2014, there were 740 people still in prison two to four years after their tariff expiry date, 587 were between four and six years, 136 were between six and eight years, and three people were still in prison more than eight years beyond their tariff expiry.332



328 Legal Aid, Sentencing and Punishment of Offenders Act 2012329 NOMS (2012) Prison Service Instruction 41/2012, London: Ministry of Justice330 Table A3.3, Ministry of Justice (2015) Offender management statistics annual tables

2014, London: Ministry of Justice and Table A1.12, Ministry of Justice (2014) Offender management statistics, Prison population 2014, London: Ministry of Justice


332 Ministry of Justice (2014) Freedom of Information request 90756, accessed on 16 October 2014, available at https://www.gov.uk/government/uploads/system/uploads/attachment_

Inspectors have described those serving IPP sentences as “prisoners with many and complex needs, including mental health, learning disability and a risk of self-harm.”333

A 2012 report by the Ministry of Justice showed that Parole Board members felt that access to suitable programmes, lack of approved premises places, resource constraints and delays in the system continue to be barriers to the release of IPP prisoners on parole.334

Some Parole Board members expressed concerns that prisoners with mental health problems and learning disabilities or difficulties might not be able to benefit from the traditional programme group-facilitation method, and instead would benefit from one-to-one work.335

The Lord Chancellor has the power to change the release test for IPP prisoners—but this power has yet to be used.336

“[T]he time has now come, indeed has long since passed, for the Lord Chancellor to exercise the power he has been given...If these prisoners were being sentenced today they would be given a determinate sentence...at the end of which they would be released...those serving these sentences should, so far as possible, be brought into line with what would be lawful now.”337

Lord Lloyd, former law lord

data/file/322328/indeterminate-sentences-public-protection-uk-annex-a.xls333 HM Chief Inspector of Prisons and HM Chief Inspector of Probation (2008) The

indeterminate sentence for public protection: A thematic review, London: HM Inspectorate of Prisons

334 Ministry of Justice (2012) Research Summary 1/12 The decision making process at parole reviews (Indefinite Imprisonment for Public Protection sentences), London: Ministry of Justice

335 Ibid.336 Legal Aid, Sentencing and Punishment of Offenders Act 2012, Section 128337 Lloyd, A. (2014) Speech to the Bingham Centre for the Rule of Law, 4 March 2014,

available at http://www.biicl.org/files/6855_speech_delivered_by_lord_lloyd_of_berwick,_4_mar_2014.pdf

People in prison on an IPP

More than three-quarters have served their tariff

More than three-quarters of these had a tariff of four years or less

Less than2 years 2-4 years

1,000 2,000 3,000 4,000 5,0000

Source: Ministry of Justice (2015) Offender management statistics, Prison population 2015

The legacy of the IPP More than three-quarters stuck in prison beyond tariff

4,614

3,532

GermanyItalyScotland

FranceNorthern Ireland

Indefinitely maybe?Use of indeterminate prison sentences in Europe, 2013

Source: Council of Europe Annual Penal Statistics, Survey 2013

People0 3,500 7,000 10,500 14,000

England & Wales

Other European countries

7,564 (Life) 5,618 (IPP)

24


People on remand

11,785 people are currently held in prison on remand—accounting for 14% of the prison population.338

People remanded to custody to await trial are innocent until proven guilty. 49,304 people were sent to custody ahead of their trial in 2014.339

People may also be remanded to custody after they have been found guilty, but are yet to be sentenced. 32,011 people were remanded into prison awaiting sentence in 2014.340

The majority of people currently in prison on remand are awaiting trial (70%), whilst the rest await sentencing. The proportion awaiting trial has been steadily rising over the past 10 years.341

60% of people entering prison on remand awaiting trial were accused of non-violent offences. 13% were remanded into custody for theft and handling offences, and 9% for drug offences.342

One in 10 people remanded in custody were subsequently acquitted in 2014. A further 15% went on to be given a non-custodial sentence.343

People spend an average of just over 10 weeks in custody whilst on remand.344 However, some may be held considerably longer.

626 women are currently in prison on remand—accounting for 16% of the female prison population.345

The number of women entering prison on remand awaiting trial is falling. 3,489 women were sent to custody ahead of their trial in 2014—a drop of more than a quarter since 2009.346

Remand prisoners receive no financial help from the Prison Service at the point of release.347 Those acquitted receive no compensation.


339 Table A2.1, Ministry of Justice (2015) Offender management statistics annual tables 2014, London: Ministry of Justice


2015, London: Ministry of Justice342 Table A2.2a, Ministry of Justice (2015) Offender management statistics, Prison receptions

2014, London: Ministry of Justice 343 Table Q4.4, Ministry of Justice (2015) Criminal justice statistics 2014, London: Ministry of

Justice344 Ministry of Justice (2015) Deposited paper DEP2015-0181, London: House of Commons

Library345 Table A1.1, Ministry of Justice (2015) Offender management statistics, Prison population

2015, London: Ministry of Justice.346 Table A2.1, Ministry of Justice (2015) Offender management statistics, Prison receptions

2014, London: Ministry of Justice347 Citizens Advice (2007) Locked Out: CAB evidence on prisoners and ex-offenders, London:

Citizens Advice

Children on remandThe number of children held in custody on remand has fallen by 60% in the last seven years. An average of 260 children were on remand during 2013–14.348

A quarter of children remanded in custody were subsequently acquitted in 2013–14. Nearly two-fifths (37%) were given a non-custodial sentence.349

The total number of nights spent on remanding children in custody has fallen by over a quarter (27%) following the devolution of remand budgets in April 2013. However, performance is mixed, with use of remand increasing in two-fifths (41%) of local authorities.350

Treatment and conditions21% of self-inflicted deaths were by prisoners held on remand.351

Remand prisoners reported feeling less safe than sentenced prisoners.352

Over a third (35%) of remand prisoners report having a drug problem and over a quarter (27%) an alcohol problem. Two-thirds of those who reported substance misuse problems said they had received some treatment or help, although fewer than half (48%) said they knew who could help to put them in contact with services in the community.353

In prison inspectorate surveys, just under half (47%) of remand prisoners concerned about bail said they had found it difficult to get bail information.354

High rates of both unconvicted (40%) and convicted unsentenced (37%) prisoners reported to inspectors that they were not involved in any purposeful activity.355

348 Table 6.2, Ministry of Justice (2015) Youth justice statistics 2013/14, London: Ministry of Justice

349 Table 6.5, Ibid.350 Hansard HL, 5 October 2015, written question HL2263351 Table 1.8, Ministry of Justice (2015) Safety in custody statistics, quarterly update to March

2015, London: Ministry of Justice352 HM Inspectorate of Prisons (2012) Remand prisoners, a thematic review, London: The

Stationery Office353 Ibid.354 Ibid.355 Ibid.

25


Releases from and recalls to prison

72,386 people were released from prison in the 12 months to March 2015. The majority (42%) had a sentence of six months or less, and a third were sentenced to between one and four years.356

The number of people released for compassionate reasons is very low—between 2009 and 2013, just 45 people were released.357

70 prisons across England and Wales are designated as resettlement prisons. The intention is that the vast majority of prisoners are released from prisons in, or close to, the area they will live.358

Release on Temporary Licence (ROTL)8,807 people were granted ROTL in 2014—a 21% drop on the year before.359

The drop follows the introduction of a new ROTL policy after a small number of high profile escapes and absconds.

Despite this, ROTL is extremely sucessful, with a failure rate of 0.05%. Out of 452,677 releases in 2014 there were 238 failures, most for failure to return, late to return, or other breach of licence.360

Only 26 failures involved an arrest on suspicion of committing a further offence in 2012.361

Home Detention Curfew (HDC)HDC allows people to live outside of prison, providing they do not breach strict conditions, to help prepare them for life on release. Only people serving sentences of between three months and under four years are eligible.

Only 19% of eligible people were released in 2014—nearly half the level in 2002.362

Out of 8,614 releases on HDC there were 842 recalls in 2014—11% were for a suspected further offence.363

RecallPeople can be recalled to custody if they breach the conditions of their licence whilst under supervision on release.356 Table 3.1, Ministry of Justice (2015) Offender management statistics quarterly, January to

March 2015, London: Ministry of Justice357 HC Hansard, 10 February 2014, c488W358 Ministry of Justice (2013) 70 resettlement prisons announced for England and Wales.

Ministry of Justice website available at https://www.gov.uk/government/news/70-resettlement-prisons-announced-for-england-and-wales

359 Table A3.6(r), Ministry of Justice (2015) Offender management statistics, Prison releases 2014, London: Ministry of Justice

360 Ibid.361 Ministry of Justice (2014) Statistical Notice: Releases on temporary licence, 2012, London:

Ministry of Justice362 Table A3.4, Ministry of Justice (2015) Offender management statistics, Prison releases

2014, London: Ministry of Justice363 Table A3.4 and A3.5, Ibid.

Recalled prisoners currently make up 7% of the population—6,176 people.364

17,701 people were recalled in the year to March 2015.365

The recall population grew rapidly between 1993 and 2012, increasing by 13%. Recall numbers rose due to changes in the law making it easier to recall people to custody and an increase in licence periods.366

Licence and supervisionCommunity sentences include a mandatory punitive element, unless there are exceptional circumstances. Breach of these requirements can lead to people being sent to prison.

3,996 people went to prison in 2009 for breach of a community sentence.367 Data on the number of people sent to prison for breach is not routinely published.

Anyone leaving custody who has served two days or more is now required to serve a mandatory minimum of 12 months under supervision in the community.368

13,000 people a year are estimated to be recalled to custody as a result of these changes.369

It will cost an estimated £25m per year for breach of licence and supervision conditions for short sentenced offenders.370

The additional burden on police is expected to cost £5m per year.371

Lifers continue to serve their sentence on release from prison for the rest of their lives. They are subject to monitoring and restrictions and can be returned to custody at any point if they break the terms of their licence.

People serving an indeterminate sentence for public protection can apply to the Parole Board to have their licence cancelled after 10 years (and if unsuccessful at yearly intervals thereafter).372

364 Table 1.1, Ministry of Justice (2015) Offender management statistics, Prison population 2015, London: Ministry of Justice

365 Table 5.1, Ministry of Justice (2014) Offender management statistics quarterly, January to March 2014, London: Ministry of Justice and Offender management statistics quarterly, January to March 2013

366 Ministry of Justice (2013) Story of the prison population: 1993 - 2012 England and Wales, London: Ministry of Justice

367 Table 6.9, Ministry of Justice (2010) Offender Management Caseload Statistics 2009, London: Ministry of Justice

368 Offender Rehabilitation Act 2014, Section 2369 Ministry of Justice (2013) Updated Impact Assessment for the Offender Rehabilitation Bill,

London: Ministry of Justice370 Ibid.371 Ibid.372 Ministry of Justice website, accessed 14 August, available at http://www.justice.gov.uk/

offenders/types-of-offender/life

26


Reoffending373

Prison has a poor record for reducing reoffending —45% of adults are reconvicted within a year of release. For those serving sentences of less than 12 months this increases to 59%.374

45% of women are reconvicted within a year of leaving prison. This rises to 58% for sentences of less than 12 months and to 77% for women who have served more than 11 previous custodial sentences.375

Over two-thirds (67%) of children (10–17) released from custody were reconvicted within a year of release.376

Just half (52%) of prisoners surveyed thought they had done something, or that something had happened while in prison, that would make them less likely to reoffend.377

Short prison sentences are less effective than community sentences at reducing reoffending. People serving prison sentences of less than 12 months had a reoffending rate seven percentage points higher than similar offenders serving a community sentence—they also committed more crimes.378

373 Unless otherwise stated, statistics in this section are taken from Ministry of Justice (2010) Compendium of reoffending statistics, London: Ministry of Justice

374 Table 16a, Ministry of Justice (2015) Proven reoffending statistics quarterly: October 2012 to September 2013, London: Ministry of Justice

375 Tables 8.9 and 8.10, Ministry of Justice (2014) Women and the criminal Justice system 2013, London: Ministry of Justice

376 Table 16b, Ministry of Justice (2015) Proven reoffending statistics quarterly: October 2012 to September 2013, London: Ministry of Justice


378 Ministry of Justice (2013) 2013 Compendium of re-offending statistics and analysis, London: Ministry of Justice

Nearly all prisoners (97%) said they wanted to stop offending. When asked what would be important in stopping them, most said a job (68%) and a place to live (60%).

40% of prisoners said that support from their family, and 36% said seeing their children, would help them stop reoffending.379

People who got P45 employment in the year after release were less likely to reoffend. Rates were 9% lower for those with sentences under a year, and 6% lower for those with longer sentences.380

People are more likely to reoffend if they have claimed benefits before being sent to prison. 58% were reconvicted within a year compared with 41% who did not report having claimed benefits.

Almost two-thirds (64%) said they had claimed benefits during the 12 months before they went to prison.

379 Ministry of Justice (2012) Prisoners’ childhood and family backgrounds: Results from the Surveying Prisoner Crime Reduction (SPCR) longitudinal cohort study of prisoners, London: Ministry of Justice

380 Ministry of Justice (2013) Analysis of the impact of employment on re-offending following release from custody, using propensity score matching, London: Ministry of Justice

27


of prisoners had been in employment the year before custody

People are less likely to reoffend if they had a job before being sent to prison

HalfUnemployed

65%

Employed

40%

prisoners was a polydrug user in the month before custody

Polydrug users

Polydrug users have a higher reconviction rate

prisoners drank alcohol everyday in the month before custody

1 in 3 71%

Class B and/or C users

48%

of prisoners were homeless before entering custody

People who were previously homeless have a higher reconviction rate

15%Previously homeless

79%

Previously had accommodation

47%

Daily drinkers

Daily drinkers have a higher reconviction rate

1 in 5 62%

Non-daily drinkers

49%

of prisoners said they had at least one qualification

People are less likely to reoffend if they have qualifications

53%Had no

qualifications

60%

Hadqualifications

45%

Some factors affecting reoffending

Source: Ministry of Justice (2010) Compendium of reoffending statistics, London: Ministry of Justice andMinistry of Justice (2014) Prisoners’ experience of prison and outcomes on release: Waves 2 and 3 of SPCR, London: Ministry of Justice

prisoners said they had been expelled or permanently excluded from school

People are more likely to reoffend if they were excluded or expelled

2 in 5Excluded or

expelled

63%

Not excluded orexpelled

44%

of prisoners said a family member hadbeen found guilty of a criminal offence

People are more likely to reoffend if they have a family member who has been convicted

37%Family

offending history

59%

No family offending history

48%

of prisoners had been in employment the year after custody

People are less likely to reoffend if they secure a job after their release

28%Unemployed

59%

Employed

39%

of prisoners said they had receivedvisits from family whilst in prison

People are less likely to reoffend if theyreceive family visits whilst in prison

69%said they were living with their

immediate family on release

People are less likely to reoffend if theylive with their immediate family on release

57%No visits

68%

Visits

47%

Not living with family

61%

Livingwith family

48%

said they had used class A drugs since leaving custody

People are more likely to reoffend if theyuse class A drugs on release

1 in 3

On release

Used class Adrugs

76%

Did not useclass A drugs

43%

of prisoners said they had claimed benefits the year before custody

People are more likely to reoffend if theyclaimed benefits before being sent to prison

64%

Before custody

Claimedbenefits

58%

Did not claimbenefits

41%

28


Social characteristics of adult prisoners

Characteristic Prison population General population

Taken into care as a child 24% (31% for women, 24% for men) 2%

Experienced abuse as a child 29% (53% for women, 27% for men) 20%

Observed violence in the home as a child

41% (50% for women, 40% for men) 14%

Regularly truant from school 59% 5.2% (England) and 4.8% (Wales)

Expelled or permanently excluded from school

42% (32% for women, 43% for men)

In 2005 >1% of school pupils were permanently excluded (England)

No qualifications 47% 15% of working age population

Unemployed in the four weeks before custody

68% (81% for women, 67% for men)

7.7% of the economically active population are unemployed

Never had a job 13% 3.9%

Homeless before entering custody 15% 4% have been homeless or in

temporary accommodationHave children under the age of 18 54% Approximately 27% of the over 18

population*Are young fathers (aged 18–20) 19% 4%

Have symptoms indicative of psychosis

16% (25% for women, 15% for men) 4%

Identified as suffering from both anxiety and depression

25% (49% for women, 23% for men) 15%

Have attempted suicide at some point 46% for women, 21% for men 6%

Have ever used Class A drugs 64% 13%

Drank alcohol every day in the four weeks before custody 22% 16% of men and 10% of women

reported drinking on a daily basis

Prison population data taken from Results from the Ministry of Justice Surveying Prisoner Crime Reduction (SPCR) survey published in:Ministry of Justice (2012) Prisoners’ childhood and family backgrounds, London: Ministry of JusticeMinistry of Justice (2012) The pre-custody employment, training and education status of newly sentenced prisoners, London: Ministry of JusticeMinistry of Justice (2012) Accommodation, homelessness and reoffending of prisoners, London: Ministry of JusticeMinistry of Justice (2012) Estimating the prevalence of disability amongst prisoners, London: Ministry of JusticeMinistry of Justice (2010) Compendium of reoffending statistics, London: Ministry of Justice

General population data taken from:Ministry of Justice (2012) Prisoners’ childhood and family backgrounds, London: Ministry of JusticeHarker, L. et al. (2013) How safe are our children, London: NSPCCDepartment for Education (2013) Pupil absence in schools in England, including pupil characteristics, London: DfEWelsh Government (2013) Absenteeism by Pupil Characteristics 2011/12, Cardiff: Welsh GovernmentMinistry of Justice (2012) The pre-custody employment, training and education status of newly sentenced prisoners, London: Ministry of JusticeOffice for National Statistics (2013) Labour Market Statistics, September 2013, London: ONSTable KS611EW, Office for National Statistics (2012) 2011 Census, London: ONSMinistry of Justice (2012) Accommodation, homelessness and reoffending of prisoners, London: Ministry of JusticeWiles, N. et al. (2006) Self-reported psychotic symptoms in the general population, The British Journal of Psychiatry, 188: 519-526Light, M., et al. (2013) Gender differences in substance misuse and mental health amongst prisoners, London: Ministry of Justice

*This figure has been extrapolated using data from Table 1, ONS (2013) Families and Households, 2012 and Table 1 (Reference Tables), ONS (2013) Population Estimates for UK, England and Wales, Scotland and Northern Ireland - Mid 2012.

29


Prisoners’ families

No-one routinely monitors the parental status of prisoners in the UK or systematically identifies children of prisoners, where they live or which services they are accessing. Where this information is collected, it is patchy and not always shared.

Approximately 200,000 children in England and Wales had a parent in prison at some point in 2009.381 This is over three times the number of children in care (65,565), and over five times the number of children on the Child Protection Register (36,610).382

More than double the number of children were affected by the imprisonment of a parent than by divorce in 2009.383

It is estimated that more than 17,240 children were separated from their mother by imprisonment in 2010.384

Over half (54%) of newly sentenced prisoners said they had children under the age of 18.385

61% of prisoners reported being single when entering custody.386

Three-quarters (74%) said they were close to their family—the vast majority felt that they had let their family down by being sent to prison (82%).387

At least a fifth of mothers are lone parents before imprisonment, compared to around 9% of the general population.388

19% of young adults (18–20 years old) surveyed said they had children under 18 years old. This compares to 4% of the general population who are young fathers.389

More than one in ten (11%) children in young offender institutions told inspectors that they had children themselves.390

381 Ministry of Justice (2012) Prisoners’ childhood and family backgrounds, London: Ministry of Justice

382 Table A1, Department for Education (2012) Children looked after by local authorities in England, London: Department for Education; StatsWales website, https://statswales.wales.gov.uk/v/Lh2 accessed on 18 October 2013; NSPCC child protection register statistics, http://www.nspcc.org.uk/Inform/research/statistics/child_protection_register_statistics_wda48723.html

383 Office for National Statistics (2011) Divorces in England and Wales 2009, Fareham: Office for National Statistics

384 Wilks-Wiffen, S. (2011) Voice of a Child, London: Howard League for Penal Reform385 Williams, K. et al. (2012) Prisoners’ childhood and family backgrounds, London: Ministry

of Justice386 Williams, K. et al. (2012) Prisoners’ childhood and family backgrounds, London: Ministry

of Justice387 Ibid.388 Social Exclusion Unit (2002) Reducing reoffending by ex-prisoners, London: Social

Exclusion Unit389 Ministry of Justice (2012) Prisoners’ childhood and family backgrounds, London: Ministry

of Justice390 Prime, R. (2014) Children in Custody 2013–14, London: HM Inspectorate of Prisons and

Youth Justice Board

Family contactFamily and friends are the most important factor in enabling successful resettlement on release. Despite this, inspectors found no evidence that families were involved in sentence planning, even when a person said they were relying on them for support after release.391

40% of people surveyed said that support from their family, and 36% said that seeing their children, would help them to stop reoffending. Women (51%) were more likely than men (39%) to say that getting support from their family would help them.392

Only around a third of prisoners said they had been helped by staff to maintain family ties. Inspectors found that “support for rebuilding and maintaining family ties remained inconsistent and in many cases limited to visits, letters and telephone calls”.393

Most prisoners were in contact with their family while in custody—either by letter (91%), telephone (88%) or through visits (70%).394

Nearly half (48%) of men said they had problems sending or receiving mail, and nearly a third (30%) had problems accessing telephones.395

Reoffending rates were 21 percentage points higher for people who said they had not received family visits whilst in prison compared to those who had.396

Only half of the women who had lived, or were in contact with, their children prior to imprisonment had received a visit since going to prison.397

Maintaining contact with children is made more difficult by the distance that many prisoners are held from their home area; in 2009 the average distance for men was 50 miles.398

391 Criminal Justice Joint Inspection (2014) Resettlement provision for adult offenders: Accommodation and education, training and employment, London: HM Inspectorate of Prisons


393 HM Chief Inspector of Prisons (2015) Annual Report 2014–15, London: The Stationery Office

394 Brunton-Smith, I. and Hopkins, K. (2014) Prisoners’ experience of prison and outcomes on release: Waves 2 and 3 of SPCR, London: Ministry of Justice



397 Social Exclusion Unit (2002) Reducing reoffending by ex-prisoners, London: Social Exclusion Unit

398 Hansard HC, 7 January 2010, c548W

30


Women are held on average, 60 miles away from their home or court address.399 At HMP Send women’s prison the average is 76 miles; at Askham Grange the average distance from home is 78 miles; for Drake Hall it is 83 miles; and East Sutton Park 91 miles.400 At Low Newton a third of the women were over 100 miles from their homes.401 In Eastwood Park prison, where many of the women sent to prison by courts in Wales are sent, 20% of women are over 150 miles from home.402

Black, minority ethnic and foreign national women were less likely to report that they had been visited within their first week in prison compared with white and British women.403

Inspectors have reported continued difficulties across prisons for Gypsy, Romany or Traveller prisoners in maintaining family ties.404

Prison governors receive no specific funding to meet the costs of family support work, parenting courses, family visitor centres or supervised play areas. This means any family provision must come from a governor’s already stretched and shrinking general prison budget.405

Inspectors found “a greater awareness in women’s prisons of the need to ask about care for dependants, but little awareness in men’s prisons that men may have similar concerns.”406

All women’s prisons inspected in 2014–15 had been allocated funding to recruit at least one family support worker “who provided excellent broad-based and individual support”.407

Impact of imprisonmentImprisoning mothers for non-violent offences has a damaging impact on children and carries a cost to the state of more than £17m over a 10 year period. The main social cost incurred by the children of imprisoned mothers—and by the state—results from the increased likelihood of them becoming ‘NEET’ (Not in Education, Employment or Training).408

399 Women in Prison (2013) State of the Estate: Women in Prison’s report on the women’s custodial estate 2011-12, London: WiP

400 Ministry of Justice, Freedom of Information request 75412, available at http://webarchive.nationalarchives.gov.uk/20120705035936/http://www.justice.gov.uk/downloads/information-access-rights/foi-disclosure-log/prison-probation/foi-75412-data.xls


402 HMP/YOI Eastwood Park Independent Monitoring Board (2011) Annual Report 2010-11, Ministry of Justice: London

403 HM Chief Inspector of Prisons (2009) Race relations in prisons: responding to adult women from black and minority ethnic backgrounds, London: The Stationery Office


405 Centre for Social Justice (2009) Locked up potential: A strategy for reforming prisons and rehabilitating prisoners, London: Centre for Social Justice



408 new economic foundation (2008) Unlocking value: How we all benefit from investing in alternatives to prison for women offenders, London: new economics foundation

Only 9% of children whose mothers are in prison are cared for by their fathers in their mothers’ absence.409

61% of women interviewed at HMP Styal had partners; however a third of these partners were currently also in prison. The same study showed that children had been taken away from 70% of the mothers, and that the remainder were with family.410

Parental imprisonment approximately trebles the risk for antisocial/delinquent behaviour of children.411

Adult children of imprisoned mothers are more likely to be convicted of an offence than adult children from imprisoned fathers.412

Over a third (37%) of prisoners surveyed said that someone in their family (other than themselves) had been found guilty of a non-motoring criminal offence. Of these convicted family members, 84% had been in prison, a young offender institution or borstal.413

Imprisonment carries costs to families and wider society. The full cost per family over six months, including the cost to agencies and the cost of support provided by family and relatives, is estimated to average £5,860.414

Prisoners’ families are vulnerable to financial instability, poverty, debt and potential housing disruption. In 2007 it was estimated that the average personal cost to relatives is £175 per month, although these figures are likely to be higher today.415

A government review found that “children of offenders are an ‘invisible’ group: there is no shared, robust information on who they are, little awareness of their needs and no systematic support.”416

15% of prisoners stated that they needed help with problems related to family or children—8% required a lot of help. Women (27%) were more likely than men (13%) to report being in need of help with a problem concerning family or children.417

409 Baroness Corston (2007) A Review of Women with Particular Vulnerabilities in the Criminal Justice System, London: Home Office

410 Hamilton, S. and Fitzpatrick, R. (2006) Working with Complexity: Meeting the Resettlement Needs of Women at HMP Styal, London: Revolving Doors Agency

411 Murray, J., & Farrington, D. P. (2008) ‘The effects of parental imprisonment on children’. In M. Tonry (Ed.), Crime and justice: A review of research (Vol. 37, pp. 133-206). Chicago: University of Chicago Press.



414 Smith, R et al. (2007) Poverty and disadvantage among prisoners’ families, York: Joseph Rowntree Foundation

415 Ibid.416 Ministry of Justice and Department for Children, Schools and Families (2007) Children of

Offenders Review, London: MoJ417 Ministry of Justice (2012) Prisoners’ childhood and family backgrounds, London: Ministry

31


73% of people surveyed thought that mothers of young children should not be sent to prison for non-violent crime.418

Children and young adultsThe welcome reduction in custody places for children has meant that many are now held further from their home, affecting their ability to maintain family contact.419

82% of boys said they could use the telephone every day, however, two-fifths (40%) said they had problems sending letters or parcels.420

However, just over a third (35%) of boys said it was easy for their family and friends to visit them.421

More black and minority ethnic boys reported problems sending or receiving letters or parcels than white boys (47% compared with 35%). They were also less likely to say they could use the phone every day.422

Muslim children reported a similar experience, with more than half (52%) reporting problems sending or receiving letters or parcels, compared with 38% of non-Muslims—only three-quarters could use the phone every day.423

of Justice418 SmartJustice (2007) Public say: stop locking up so many women, London: Prison Reform

Trust419 HM Chief Inspector of Prisons (2015) Annual Report 2014–15, London: The Stationery

Office420 Prime, R. (2014) Children in Custody 2013–14, London: HM Inspectorate of Prisons and

Youth Justice Board421 HM Chief Inspector of Prisons (2015) Annual Report 2014–15, London: The Stationery

Office422 Prime, R. (2014) Children in Custody 2013–14, London: HM Inspectorate of Prisons and

Youth Justice Board423 Ibid.

Births in prisonBetween April 2005 and December 2008, 382 children were born to women prisoners. This is a rate of almost two births a week in England and Wales.424 However, information on the number of women who have given birth in prison is no longer collected centrally.425

Between April 2006 and March 2009, seven girls aged 16 and 17 years old in secure training centres and one in a secure children’s home gave birth.426

The average number of women in prison with babies on a Mother and Baby Unit from June 2010 to May 2012 was 49.427

Women with babies in prison may be unable to claim benefits they’re entitled to for their children.428

424 Hansard HC, 26 January 2009, c202W425 Hansard HC, 10 May 2011, c1072W426 Hansard HC, 29 April 2009, c1332W427 Hansard HC, 5 July 2012, c790W428 Citizens Advice (2007) Locked Out, CAB evidence on prisoners and ex-offenders, London:

Citizens Advice Bureau

32


The number of women in prison nearly trebled between 1993 and 2005. This has started to slowly reverse, but there are still over 2,000 more women in prison today than there were twenty years ago.429

On 23 October 2015 there were 3,948 women in prison in England and Wales.430

The rise in the female prison population can partly be explained by an increase in the severity of sentences. In 1996, 10% of women sentenced for an indictable offence were sent to prison; in 2014, 16% were.431

2,137 women entered custody between January and March 2015, 7% fewer than the previous year.432

Most women entering prison serve very short sentences. In 2014, 58% of sentenced women entering prison were serving six months or less. In 1993 only a third of women entering custody were sentenced to six months or less.433


430 Ministry of Justice (2015) Population and Capacity briefing for 23 October 2015, London: Ministry of Justice

431 Sentencing data tool, Ministry of Justice (2015) Criminal justice statistics quarterly to December 2014, London: Ministry of Justice and Table 1.8, Ministry of Justice (2007) Sentencing Statistics 2006, London: Ministry of Justice

432 Table 2.1, Ministry of Justice (2014) Offender management statistics quarterly, January to March 2015, London: Ministry of Justice

433 Table A2.1, Ministry of Justice (2015) Offender management statistics, Prison receptions 2014, London: Ministry of Justice

Women on remand make up around one in six of the female prison population. On 30 June 2015 there were 626 women in prison on remand, awaiting trial or sentencing.434 They spend an average of four to six weeks in prison.435

Less than half of women remanded by magistrates’ courts and subsequently found guilty are given a prison sentence.436

Most women entering prison under sentence (82%) have committed a non-violent offence. In 2014, 41% of women entering custody under sentence for theft and handling stolen goods.437

More women were sent to prison to serve a sentence for theft and handling than for violence against the person, robbery, sexual offences, burglary, fraud and forgery, drugs, and motoring offences combined.438

On 30 June 2015 there were 742 women in prison serving a sentence for theft and handling offences—an increase of 5% on the previous year.439


435 Department of Health (2009) The Bradley Report, Lord Bradley’s review of people with mental health problems or learning disabilities in the criminal justice system, London: Department of Health

436 Ministry of Justice (2014) Criminal justice statistics quarterly December 2014, Prosecutions,convictions and remands data tool, London: Ministry of Justice

437 Table A2.2b, Ministry of Justice (2015) Offender management statistics annual tables 2014, London: Ministry of Justice

438 Ibid.439 Table 1.2b, Ministry of Justice (2015) Offender management statistics quarterly, January to

March 2015, London: Ministry of Justice

Women offenders are a minority within the criminal justice system, accounting for around 15% of the probation caseload and 5% of the prison population. They differ significantly from their male counterparts and often have more complex needs.

A series of inquiries and reports in recent decades, most notably the 2000 report of the Prison Reform Trust’s Committee on Women’s Imprisonment (the Wedderburn Report), the 2007 Review of Women with Particular Vulnerabilities in the Criminal Justice System (the Corston Report), the 2011 report of the Women’s Justice Taskforce (Reforming Women’s Justice), and the Scottish Government’s Commission on Women’s Offenders in 2012, have all concluded that prison is rarely a necessary, appropriate or proportionate response to women who get caught up in the criminal justice system.

The Justice Select Committee, following its inquiry into women offenders, concluded that “prison is an expensive and ineffective way of dealing with many women offenders who do not pose a significant risk of harm to public safety” and called for “a significant increase in residential alternatives to custody as well as the maintenance of the network of women’s centres” seen as “more effective, and cheaper…than short custodial sentences”.

Ministers in England, Wales and Scotland have all recently committed to reducing women’s imprisonment.

The report Transforming Lives: Reducing women’s imprisonment maps both good practice and gaps in provision for women in the criminal justice system across the UK.

Women in prison

33


A Cabinet Office study found that 28% of women’s crimes were financially motivated, compared to 20% of men’s.440

A survey of prisoners found that nearly half of all women (48%), compared to just over one-fifth of men (22%), reported having committed offences to support someone else’s drug use.441

Between 2009–2014 the number of women sentenced for theft offences decreased by 6% whilst the number sentenced to custody increased by 20%.442

Theft offences accounted for nearly half of (49%) of all custodial sentences given to women. Most received sentences of three months or less.443

12% of women in prison, are foreign nationals.444 Some are known to have been coerced or trafficked into offending.445

There are 81 different nationalities amongst the foreign national women in prison, with the majority from Romania, Poland, Republic of Ireland, Jamaica, and Nigeria.446

33% of women in prison are aged 40 and over.447

45% of women are reconvicted within one year of leaving prison. This rises to 58% for sentences of less than 12 months and to 77% for women who have served more than 11 previous custodial sentences.448

Women released from prison are more likely to reoffend, and reoffend earlier, than those serving community sentences.449

Family contact can help reduce the risk of reoffending on release.450 Keeping in touch with loved ones is often made more difficult by being held in prison, many miles away from home. The average distance for women is 60 miles451, but is often significantly more.452

440 Cabinet Office Social Exclusion Task Force (2009) Short Study on Women Offenders, London: Cabinet Office

441 Light, M. et al. (2013) Gender differences in substance misuse and mental health amongst prisoners – Results from the Surveying Prisoner Crime Reduction (SPCR) longitudinal cohort study of prisoners, London: Ministry of Justice

442 Ministry of Justice (2014) Criminal justice statistics quarterly December 2014, Sentencing data tool, London: Ministry of Justice


2015, London: Ministry of Justice445 Hales, L. and Gelsthorpe, L. (2012) The criminalisation of migrant women, Cambridge:

University of Cambridge446 Table 1.7, Ministry of Justice (2015) Offender management statistics quarterly, January to

March 2015, London: Ministry of Justice447 Table A1.6, Ministry of Justice (2015) Offender management statistics, Prison population

2015, London: Ministry of Justice448 Tables 8.9 and 8.10, Ministry of Justice (2014) Women and the criminal Justice system

2013, London: Ministry of Justice449 Hedderman, C. and Jolliffe, D. (2015) The Impact of Prison for Women on the Edge:

Paying the Price for Wrong Decisions, Victims & Offenders: An International Journal of Evidence-based Research, Policy, and Practice. 10 (2), 152–178

450 Criminal Justice Joint Inspection (2014) Resettlement provision for adult offenders: Accommodation and education, training and employment, London: HM Inspectorate of Prisons

451 Women in Prison (2013) State of the Estate: Women in Prison’s report on the women’s custodial estate 2011-12, London: WiP

452 Ministry of Justice, Freedom of Information request 75412, available at http://webarchive.

It is estimated that more than 17,240 children were separated from their mother in 2010 by imprisonment.453

Between 2010–2014, 31 women gave birth whilst serving a prison sentence in Scotland. Data for England and Wales is not centrally collected.454

HealthWomen entering prison often have very poor physical, psychological and social health—worse than those within the general population who have the poorest health.455

52% of women surveyed said that they had used heroin, crack, or cocaine powder in the four weeks prior to custody, compared to 40% of men. However, practitioners report that women may hide or underplay substance misuse through fear of losing their children.456

Substance abuse treatment programmes, particularly when delivered in prison, can reduce women’s offending.457 However the number of women starting and completing substance misuse programmes fell by 92% and 89% respectively between 2009–10 and 2014–15.458

More than half (59%) of women in prison who drank in the four weeks before custody thought they had a problem with alcohol. 52% thought their drinking was out of control, and 41% wished they could stop.459

46% of women in prison have attempted suicide at some point in their lifetime.460

93 women haven taken their own lives whilst in prison in the last 20 years.461

Women account for 26% of all incidents of self-harm despite representing just 5% of the total prison population. The rates of women harming themselves continue to be much higher than for men but has fallen in recent years.462

nationalarchives.gov.uk/20120705035936/http://www.justice.gov.uk/downloads/information-access-rights/foi-disclosure-log/prison-probation/foi-75412-data.xls

453 Wilks-Wiffen, S. (2011) Voice of a Child, London: Howard League for Penal Reform454 Scottish Prison Service (2015) Freedom of Information request HQ15020, Edinburgh: SPS455 Plugge, E. et al. (2006) The Health of Women in Prison, Oxford: Department of Public

Health, University of Oxford.456 Stewart, D. (2008) The problems and needs of newly sentenced prisoners: results from a

national survey, London: Ministry of Justice457 Stewart, L. (2015) Effective interventions for Women offenders: A Rapid Evidence

Assessment, London: National Offender Management Service458 Tables 2.7 and 2.8, Ministry of Justice (2015) Accredited programmes bulletin 2014–15,

London: Ministry of Justice459 Tables A28, A24 and A27, Light, M., et al. (2013) Gender differences in substance misuse

and mental health amongst prisoners, London: Ministry of Justice460 Light, M., et al. (2013) Gender differences in substance misuse and mental health amongst

prisoners, London: Ministry of Justice461 Table 1.2, Ministry of Justice (2013) Safety in custody statistics England and Wales,

quarterly update to March 2015, London: Ministry of Justice462 Table 2.1, Ibid.


34

Characteristic Men Women

Have experienced emotional, physical or sexual abuse 27% 53%

Committed their offence in order to support the drug use of someone else 22% 48%

Serving a prison sentence for a non-violent offence 71% 81%

Have no previous convictions 12% 26%

Have spent time in local authority care 24% 31%

Have symptoms indicative of psychosis 15% 25%

Have attempted suicide at some point 21% 46%

Social characteristics of male and female prisoners

Sources:Light, M., et al. (2013) Gender differences in substance misuse and mental health amongst prisoners, London: Ministry of JusticeMinistry of Justice (2012) Prisoners’ childhood and family backgrounds, London: Ministry of JusticeTable 2.2b, Ministry of Justice (2013) Offender management statistics quarterly, January to March 2013, London: Ministry of JusticeTables A1.28 and A1.29, Ministry of Justice (2012) Offender Management Caseload Statistics 2011, London: Ministry of JusticeMinistry of Justice (2012) Prisoners’ childhood and family backgrounds, London: Ministry of JusticeLight, M., et al. (2013) Gender differences in substance misuse and mental health amongst prisoners, London: Ministry of JusticeIbid.

Community successWomen more likely to successfully complete

their community order or licence period supervision

Source: National Offender Management Service Offender Equalities Annual Report 2013/14

76%Men

95%Women

Total number of women sent to prison under sentence

Two in five were there for theft and handling

Other offences

0 1,000 2,000 3,000 4,000 5,000 6,000 7,000

6,920

Violence against the personDrugsFraud and forgeryBurglary

RobberyMotoring offencesSexual offences

Majority of women commit non-violent crimesWomen sent to prison under sentence, 2014

Source: Offender management statistics annual tables 2014

2,826

35


There are 76 women in prison serving an indeterminate sentence for public protection (IPP)—less than 2% of the total IPP population.463

31% of women in prison report having spent time in local authority care. This compares to 24% of men.464

53% of women in prison reported having experienced emotional, physical or sexual abuse as a child, compared to 27% of men.465

46% of women in prison report having suffered a history of domestic abuse.466

Treatment and conditionsWomen in prison are subject to higher rates of disciplinary proceedings than men. In 2014 there were 137 proven offences punished per 100 women in prison compared to 105 per 100 men.467

According to the Ministry of Justice, “women may be less able (due for example to mental health issues) to conform to prison rules.”468

Women in prison are also less likely to complain—accounting for only 2% of all complaints to the Ombudsman.469

OutcomesWomen prisoners are often inadequately prepared for release. Just 8.5% of women leaving prison entered employment. For men the proportion was 26.2%.470

Women are more likely to successfully complete their community sentence or licence period on release than men—95% of women compared with 76% of men.471

Alternatives to custodyA 2010 ICM poll showed that 80% of 1,000 adults surveyed strongly agreed that local women’s centres, where women address the root causes of their crime and do compulsory work in the community, should be available.472



465 Ibid.466 Baroness Corston (2007) A Review of Women with Particular Vulnerabilities in the Criminal

Justice System, London: Home Office467 Table A5.2, Ministry of Justice (2015) Offender management statistics, Adjudication tables

2014, London: Ministry of Justice468 Ministry of Justice (2010) Statistics on Women and the Criminal Justice System, London:

Ministry of Justice469 Prisons and Probation Ombudsman (2015) Why do women and young people in custody

not make formal complaints? London: PPO470 Table 2, Ministry of Justice (2013) NOMS Offender equalities annual report 2012–13,

London: Ministry of Justice471 Ministry of Justice (2014) National Offender Management Service offender equalities

annual report 2013/14, London: Ministry of Justice472 ICM Opinion Poll for the Corston Coalition, (26-28 November 2010). Sample of 1000

adults 18+ in GB, by telephone omnibus

Women receiving support from women’s centres demonstrated a one-year reduction in reoffending of between 1–9% compared with a matched control group of women.473

A YouGov poll in November 2012 found strong support for public health measures to tackle women’s offending, with treatment for drug addiction considered the most effective at reducing the risk of reoffending by nearly seven in 10 (69%) respondents.474

The new economics foundation has found that for every pound invested in support-focused alternatives to prison, £14 worth of social value is generated to women and their children, victims and society generally over 10 years.475

If alternatives to prison were to achieve an additional reduction of just 6% in reoffending, the state would recoup the investment required to achieve this in just one year.476 The long-run value of these benefits is in excess of £100m over 10 years.477

On 21 December 2010 the UN General Assembly approved the UN Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (known as the ‘Bangkok Rules’).478 The Rules guide signatory states to adopt gender-sensitive prisoner classification and security risk assessments, gender-specific healthcare services, treatment of children living with their mothers in prison, the particular safety concerns of women prisoners, and the development of pre and post-release programmes that take into account the stigmatisation and discrimination that women face once released from prison.479

473 Ministry of Justice (2015) Justice Data Lab Re‐offending Analysis: Women’s Centres throughout England, London: Ministry of Justice

474 Prison Reform Trust (2012) Public say top three solutions to women’s offending lie in health not criminal justice – press release 26 November 2012, London: Prison Reform Trust

475 new economics foundation (2008) Unlocking value: How we all benefit from investing in alternatives to prison for women offenders, London: new economics foundation

476 Ibid.477 Ibid.478 Penal Reform International (2011) Briefing on the UN rules for the treatment of women

prisoners and non-custodial measures for women offenders (‘Bangkok rules’), London: Penal Reform International

479 http://www.un.org/News/Press/docs/2010/gashc3980.doc.htm


36

Minority ethnic prisoners

26% of the prison population, 22,079 people, are from a minority ethnic group.480 This compares to around one in 10 of the general population.481

One in 10 British prisoners are black and 6% are Asian.482 For black Britons this is significantly higher than the 2.8% of the general population they represent.483

Black people account for nearly half (48%) of all minority ethnic prisoners.484

The number of people in prison of mixed ethnicity has risen by 88% since 2004—there’s also been an 82% increase in Asian prisoners. The number of white prisoners increased by a quarter.485

More than a quarter (26%) of minority ethnic prisoners are foreign nationals.486

According to the Equality and Human Rights Commission, there is greater disproportionality in the number of black people in prisons in the UK than in the United States.487


481 Table A3.5.2, Equality and Human Rights Commission (2010) How fair is Britain? Equality, Human Rights and Good Relations in 2010, London: Equality and Human Rights Commission


483 Table 4, Office for National Statistics (2011) Population Estimates by Ethnic Group 2002–2009, London: Office for National Statistics


485 Ibid.486 Ibid.487 Equality and Human Rights Commission (2010) How fair is Britain? London: Equality and

Human Rights Commission

The number of Muslim prisoners has more than doubled over the past 12 years. In 2002 there were 5,502 Muslims in prison, but by 2015 this had risen to 12,534.488

Muslims in prison are far from being a homogeneous group. Some were born into Muslim families, and others have converted. In 2013, 41% were Asian, 31% were black, 14% were white and 8% were mixed.489

Fewer than one per cent of Muslims in prison were there for terrorism related offences according to analysis by HM Inspectorate of Prisons in 2010.490

A higher proportion of people in BAME groups were sentenced to immediate custody for indictable offences than white people. In the 12 months to March 2014, 28% of black people sentenced at court were given custody, compared with 30% for Asian and 42% for ‘other’. 27% of sentences for white people were custodial.491 This may in part be due to differences in plea between ethnic groups.


489 Table A1.12, Ministry of Justice (2014) Offender management statistics annual tables 2013, London: Ministry of Justice

490 HM Chief Inspector of Prisons (2010) Muslim prisoners’ experiences: a thematic review, London: HMIP

491 Table Q5.8, Ministry of Justice (2014) Criminal justice statistics quarterly, March 2014, London: Ministry of Justice

BlackOther minority ethnic groupOther

26%Prison

Disproportionality in prisonsBlack and minority ethnic people make up:

Source: Offender management statistics, Prison population 2015 and2011 Census

Of the BME prison population

14%England and Wales

48%Black

Mixed

Black

White

Chinese or other

Asian 70

78

105

126

169

Source: Table A5.1 and A1.8, Ministry of Justice (2015)Offender management statistics annual tables 2014

Unequal treatment?Proven adjudications in prison by ethnicity, 2014

(per 100 prisoners) 100

37


In the 12 months to March 2014, the highest average custodial sentence length for those given determinate sentences for indictable offences was recorded for the ‘other’ group, at 24.6 months. This was followed by the Black and Asian groups with averages of 22.9 months and 21.7 months respectively. The lowest was recorded for the white group at 16.5 months.492

Black and minority ethnic prisoners continue to report more negatively about their experience in prison and relationships with staff. Fewer said they felt safe on their first night or at the time of the inspectorate’s survey; fewer had a member of staff they could turn to for help, and more said they had been victimised by staff.493

While 70% of white young adults in prison said that staff treated them with respect, this was true of 55% of black young adult prisoners and 45% of young adult Asian prisoners.494 This is also reflected more generally across the prison estate, with 71% of BME prisoners saying that staff treated them with respect, compared with 78% of white prisoners.495

Black women also reported more negatively, with only 60% saying that staff treated them with respect, compared with 75% of white women.496

Black and minority ethnic prisoners still have more negative perceptions of the fairness and effectiveness of complaints systems. 28% who said that they had made a complaint felt they were dealt with fairly compared with 41% of white prisoners, and 22% reported being prevented from making a complaint, compared with 15% of white prisoners.497

HM Inspectorate of Prisons found that outcomes for black and minority ethnic prisoners were often poorer, particularly in the application of disciplinary procedures and, in open prisons, in access to release on temporary licence.498

Black and minority ethnic prisoners were less likely to say that they had 10 hours a day or more out of their cell. They were also less likely to have a job, but more likely to be in education.499

492 Ibid.493 HM Chief Inspector of Prisons (2015) Annual Report 2014–15, London: The Stationery

Office494 Table 4, HM Inspectorate of Prisons (2014) Report of a review of the implementation of the

Zahid Mubarek Inquiry recommendations, London: HMIP495 HM Chief Inspector of Prisons (2015) Annual Report 2014–15, London: The Stationery

Office496 Table 4, HM Inspectorate of Prisons (2014) Report of a review of the implementation of the

Zahid Mubarek Inquiry recommendations, London: HMIP497 HM Inspectorate of Prisons (2014) Report of a review of the implementation of the Zahid

Mubarek Inquiry recommendations, London: HMIP498 HM Chief Inspector of Prisons (2013) Annual Report 2012–13, London: The Stationery

Office499 HM Chief Inspector of Prisons (2015) Annual Report 2014–15, London: The Stationery

Office

Black and mixed ethnicity prisoners are subject to higher rates of adjudications than average. Adjudications are the formal discipline system in prisons.

Mixed ethnicity prisoners have the highest proven adjudication rates of all prisoners, with 169 proven adjudications per 100 prisoners and for black prisoners it was 126 per 100. This compares with 105 for white prisoners.500

Black or minority ethnic prisoners, Muslim prisoners and those under the age of 21 are more likely to report having spent time in the segregation or care and separation unit in the last six months.501

Research undertaken by the Prison Reform Trust found that 49 of 71 prisoners interviewed said that they had experienced racism in the previous six months in the prison. Almost two-thirds of those prisoners said that they did not submit a complaint about it.502

HM Chief Inspector of Prisons has said that Gypsy, Roma and Traveller prisoners are a significant but often unrecognised minority in many prisons.503

4% of prisoners say they are Gypsy, Romany or Traveller.504 However, “there is evidence of a possible reluctance by many prisoners to identify themselves as such.”505

A study of Irish Travellers in prison found that Irish Travellers represent between 0.6% and 1% of the entire prison population and between 2.5% and 4% of the minority ethnic population in prison. The survey report notes that this number “must be seen as a minimum.”506

The population of Irish Travellers in England is estimated to be between 55,000 and 123,000, accounting for between 0.1-0.2% of the population.507

500 Table A5.1 and A1.8, Ministry of Justice (2015) Offender management statistics annual tables 2014, London: Ministry of Justice


502 Edgar, K. (2010) A Fair Response: developing responses to racist incidents that earn the confidence of black and minority ethnic prisoners, London: Prison Reform Trust



505 Department for Communities and Local Government (2012), Progress report by the ministerial working group on tackling inequalities experienced by Gypsies and Travellers, London: CLG

506 Conn MacGabhann (2011) Voices Unheard: A study of Irish travellers in prison, London: Irish Chaplaincy in Britain

507 Irish Traveller Movement in Britain (2013) Gypsy and Traveller population in England and the 2011 Census, London: ITMB and Office for National Statistics (2013) Annual Mid-year Population Estimates, 2011 and 2012, London: ONS

38


Foreign national prisonersThe term ‘foreign national prisoner’ encompasses many different people. People may have come to the UK as children with parents, or are second generation: often from former colonies, asylum seekers or people who have been given indefinite leave to remain as refugees, European and European Economic Area nationals or Irish nationals, trafficked persons or people who would be persecuted if they returned to their county of origin, people who were entering or leaving the UK, on false documents, and were arrested at port of entry/exit, those who have entered the UK illegally or were in the UK as students, visitors or workers who have got involved in the criminal justice system.

All foreign national prisoners who have been sentenced to a period of imprisonment of 12 months or more are subject to automatic deportation from the UK unless they fall within defined exceptions. People contesting their deportation because they have family in the UK are no longer entitled to legal aid.

The United Kingdom has prisoner transfer arrangements with over 100 countries and territories. The majority of arrangements however are voluntary agreements which require the consent of both states involved, as well as that of the prisoner concerned, before transfer can take place. However transfers within the EU, and to Nigeria and Albania can take place without the consent of the prisoner. The government signed a transfer agreement with Jamaica in September 2015 and will provide £25m from the aid budget to help fund the construction of a new 1500-place prison.

People who have served their sentence but are not UK nationals can be held in prison after their sentence has finished, released or moved to an immigration detention centre.

The Legal Aid, Sentencing and Punishment of Offenders Act introduced a new Tariff Expired Removal Scheme (TERS) for indeterminate foreign national prisoners. The scheme allows indeterminate foreign national prisoners, who are confirmed by UK Visas and Immigration to be liable for removal from the UK, to be removed from prison and the country upon, or any date after, the expiry of their tariff without reference to the Parole Board. TERS is mandatory; all indeterminate foreign national prisoners who are liable must be considered for removal under the scheme.

India475 people

5%

Poland979 people

9%

Ireland755 people

7%

Jamaica619 people

6%

Romania601 people

6%

Pakistan479 people

5%

Nigeria411 people

4%

Somalia435 people

4%

Lithuania488 people

5%

Percentages are the proportion of the total foreign national population in prisons in England and WalesSource: Table A1.11i, Ministry of Justice (2015) Offender management statistics, Prison population 2015

Foreign national prisoners in England & Wales, 30 June 2015 by country of origin

39


Foreign nationals currently make up 12% of the prison population in England and Wales. On 30 June 2015 there were 10,512 held in prison. There were also 520 people in prison whose nationality was not recorded.508

Foreign national prisoners come from 158 countries, but over half are from nine countries (Poland, Republic of Ireland, Jamaica, Romania, Lithuania, Albania, Pakistan, India, and Somalia).509

There was a rapid increase in foreign national prisoners between 2002–08. Numbers rose by nearly 50%, compared with a 13% increase in British nationals. Since then, number have very steadily fallen.510

12% of women in prison are foreign nationals.511 Some are known to have been coerced or trafficked into offending.512

It is difficult to identify trafficked people in prison. A report by the University of Cambridge examined the case management of 103 migrant women in the criminal justice and immigration systems, including the identification of trafficked women. In only one of the 43 cases of human trafficking identified by the researchers did victim disclosures result in a full police investigation.513

The Modern Slavery Act contains a statutory defence for many offences committed under duress as a result of being trafficked or whilst under the control of a trafficker.514

Nearly one in three (31%) foreign national women in prison are serving a sentence for drug offences, compared to 12% of women of British nationality.515

In 2011–12, 41% of women on the Hibiscus Female Prisoners Welfare Project caseload were charged with offences such as deception and fraud, in relation to their immigration status and related paperwork. The average sentences for false documents were 8.5 months and for deception 12 months.516


509 Table A1.11i, Ibid.510 Table A1.8, Ibid.511 Ibid.512 Hales, L. and Gelsthorpe, L. (2012) The criminalisation of migrant women, Cambridge:

University of Cambridge513 Ibid.514 Modern Slavery Act 2015, Section 45515 Table A1.9, Ministry of Justice (2014) Offender management statistics annual tables 2013,

London: Ministry of Justice516 Prison Reform Trust and Hibiscus (2012) No Way Out: a briefing paper on foreign national

women in prison in England and Wales, London: Prison Reform Trust

Foreign national prisoners reported feeling less safe and fewer said that they were treated with respect by staff than British prisoners.517

Removal and deportation1,237 people are not serving criminal sentences but are held administratively under Immigration Act powers in Immigration Removal Centres.518

More than 23,000 foreign national offenders have been removed from the UK since 2010.519

The average number of days taken to remove a foreign national offender is currently 139 days—however many people are detained for considerably longer.520

153 people are still in detention after more than a year, awaiting deportation.521

Immigration detainees374 people were still held in prison at the end of March 2015 under immigration powers, despite having completed their custodial sentence.522

Immigration Removal Centres allow access to mobile phones, the internet, legal advice and additional safeguards.523

The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, has stated that holding immigration detainees in prison is “fundamentally flawed”.524 A 2013 inspection of HMP Pentonville found that it was not a suitable environment to hold immigration detainees.525

An inspection of HMP Wormwood Scrubs found a man still in prison 18 months after completing his sentence.526 In HMP Lincoln in 2012 a man was still in prison nine years after the end of the sentence.527

£6.2m has been awarded in compensation for the unlawful detention of 229 foreign national prisoners since April 2012—an average of over £27,000 each.528



519 Hansard HC, 12 March 2015, written question 227471520 Table FNO_12, Home Office (2015) Immigration Enforcement data: May 2015, London:

Home Office521 Table FNO_6, Ibid.522 HM Chief Inspector of Prisons (2015) Annual Report 2014-15, London: The Stationery

Office523 Ibid.524 European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or

Punishment (2013) CPT Standards, Strasbourg: Council of Europe525 HM Inspectorate of Prisons (2013) Report on a full unannounced inspection of HMP

Pentonville, London: HMIP526 HM Chief Inspector of Prisons (2015) Annual Report 2014-15, London: The Stationery

Office527 HM Inspectorate of Prisons (2012) Report on a full unannounced inspection of HMP

Lincoln, London: HMIP528 House of Commons Public Accounts Committee (2015) Managing and removing foreign

national offenders, London: The Stationery Office


40

Children in prison

The number of children (under-18s) in custody has fallen by over two-thirds in the last seven years.529 Children are also committing fewer crimes—with proven offences down by 72% from their peak in 2005–06.530

At the end of August 2015 there were 971 children in custody in England and Wales. 34 children were aged 14 or younger.531

More than two-fifths (41%) of children in custody are from a black or minority ethnic background. The drop in youth custody has not been as significant for black or minority ethnic children—in 2008 they accounted for a quarter (26%).532

22% of children held in young offender institutions identified themselves as Muslim. 4% said that they were foreign nationals and 6% Gypsy, Romany or Traveller.533

Boys account for 97% of the children in custody, during August 2015 there were only 32 girls.534

1,307 children aged between 15 and 17 entered prison under sentence in 2014. Over two-fifths (42%) were sentenced to six months or less.535

529 Table 2.1, Youth Justice Board (2015) Monthly youth custody report—August 2015, London: Ministry of Justice


531 Table 2.1 and 2.8, Youth Justice Board (2015) Monthly youth custody report—August 2015, London: Ministry of Justice

532 Table 2.1 and 2.6, Ibid.533 Prime, R. (2014) Children in Custody 2013–14, London: HM Inspectorate of Prisons and

Youth Justice Board534 Table 2.1 and 2.7, Youth Justice Board (2015) Monthly youth custody report—August

2015, London: Ministry of Justice535 Table A2.1 Ministry of Justice (2015) Offender management statistics, Prison receptions

2014, London: Ministry of Justice

Over a third of children in custody in 2013–14 were there for non-violent crimes.536

The number of children held in custody on remand has fallen by 60% in the last seven years. An average of 260 children were on remand during 2013–14.537

A quarter of children remanded in custody were subsequently acquitted in 2013–14. Nearly two-fifths (37%) were given a non-custodial sentence.538

CostsThe Youth Justice Board has saved £319m cumulatively since 2009 as a result of the reduction in numbers of children custody.539

£53m of these savings were achieved in 2014–15, mainly through decommissioning 360 places in the youth estate. A further 905 places had been decommissioned the year before.540

£142.2m was spent on the provision of secure accommodation for children in 2014–15.541

536 Table 7.5a, Ministry of Justice (2015) Youth justice statistics 2013/14, London: Ministry of Justice


538 Table 6.5, Ibid.539 Youth Justice Board (2015) Annual Report and Accounts 2015/15, London: Youth Justice

Board540 Youth Justice Board (2015) Annual Report and Accounts 2015/15, London: Youth Justice

Board and Youth Justice Board (2014) Annual Report and Accounts 2013/14, London: Youth Justice Board

541 Youth Justice Board (2015) Annual Report and Accounts 2015/15, London: Youth Justice Board

Prison works?Child custody has dropped significantly—and so has offending

100,000

200,000

300,000

400,000 Children

1,000

2,000

3,000

4,000

2005/06 2007/08 2009/10 2011/12 2013/14

Children in custody Proven offences

Sources: Youth Justice Board Monthly youth custody report March 2015 andYouth Justice Statistics 2013–14

Offences

Cos

t per

yea

r

£0

£40,000

£80,000

£120,000

£160,000

£200,000

£240,000

Newly qualifie

d nurse

Private boarding sch

ool

Young Offender Institu

tion

Secure Training Centre

Secure Children’s Home

Source: NHS website, Killik Private Education Index andHansard HC, 27 June 2013, c368W

Imprisonment at what cost? The costs of youth custody—a comparison

£21,692£30,369

£60,000

£187,000

£209,000

41


Outcomes67% of children (10–17) released from custody go on to reoffend within a year.542

Less than half (47%) of sentenced boys felt they had done something to make it less likely they would offend on release.543

Getting a job was what boys overwhelmingly said would help prevent them offending in future.544

However, it was also the biggest problem they thought they’d have on release, with over half (52%) telling inspectors this.545

Treatment and conditionsAlmost three-quarters (73%) of boys said they had daily association—but only 57% said they could exercise outside daily.546

Almost a quarter of boys (23%) said they had an emotional or mental health problem—over two-thirds of these (69%) said they were receiving help.547

Children in STCs were much more likely than children in YOIs to report that most staff treated them with respect. Almost all children in STCs (93%) said this, compared with 68% of children in YOIs.548

Rates were lower for black and minority ethnic boys (63%) and Muslim boys (58%).549

Children held in YOIs are more likely to report being victimised by staff. A quarter reported this to inspectors, compared with 12% in STCs.550

Children held in STCs and YOIs report similar levels of victimisation from other children—19% and 22% respectively.551

Children often won’t report this to staff. In STCs only half of children (51%) said they would tell a member of staff, in YOIs just over a quarter (27%) said they would.552

542 Table 18b, Ministry of Justice (2013) Proven re-offending quarterly October 2011 to September 2012, London: Ministry of Justice


544 Ibid.545 Ibid.546 Ibid.547 Ibid.548 Ibid.549 Ibid.550 Ibid.551 Ibid.552 Ibid.

Safety in custody11% of children in prison have attempted suicide at some point during their life.553

32 children have died in penal custody since 1990, almost all by self-inflicted death, but two were homicide.554

Rates of self-harm amongst children in custody are rising. There were 6.6 incidents of self harm per 100 children during 2013–14, a rise of a quarter on the year before. On average there were 110 incidents of self-harm per month, involving 64 young people.555

Rates of self-harm are higher for girls. Girls account for 15.1 incidents of self-harm per 100 children, compared with 6.1 for boys.556

Rates of self-harm are higher for white children. They account for 9.5 incidents of self-harm per 100 children, compared with 2 for black and minority ethnic children.557

Three in 10 boys (29%) in YOIs said they have felt unsafe at some point whilst in custody.558

Assault rates amongst children in custody are rising. In 2013–14 there were 15 assaults per 100 children in custody, up from 9 in 2009–10.559

Use of restraint on children is increasing. In 2013–14 there were 28 incidents of restraint per 100 children in custody, up from 18 in 2009–10.560

Over a third (36%) of children said that they had been physically restrained. Black and minority ethnic boys reported higher rates of restraint (45%) compared to white boys (34%).561

Nick Hardwick, HM Chief Inspector of Prisons, has said that “HMI Prisons does not accept that pain-compliance techniques should ever be used.”562

553 Jacobson J. et al. (2010) Punishing Disadvantage: a profile of children in custody, London: Prison Reform Trust


555 Table 8.9 and 8.10, Ministry of Justice (2015) Youth justice statistics 2013/14, London: Ministry of Justice

556 Table 8.10, Ibid.557 Ibid.558 Prime, R. (2014) Children in Custody 2013–14, London: HM Inspectorate of Prisons and

Youth Justice Board559 Table 8.3, Youth Justice Board (2015) Youth Justice Statistics 2013–14 England and

Wales, London: Ministry of Justice560 Ibid.561 Kennedy, E. (2013) Children and Young People in Custody 2012–13, London: HM

Inspectorate of Prisons and Youth Justice Board562 Owen, J. and Brady, B. (2011), Restraint used on young offenders is ‘too harsh’,

Independent Online, available at http://www.independent.co.uk/news/uk/crime/restraint-used-on-young-offenders-is-too-harsh-2293213.html

42


Drugs and alcohol37% of boys said they had a drug problem on arrival into custody — 60% said they had received help for this and 8% said they had a current drug problem.563

Black and minority ethnic children were less likely to report having a drug addiction before entering custody—17% compared with half of white boys.564

8% of boys said they had an alcohol problem on arrival into custody— just over half (55%) said they had received help for this.565

16% of boys said it was easy to get illegal drugs in their YOI.566

FamilyFewer than 1% of all children in England are in care,567 but looked after children make up 33% of boys and 61% of girls in custody.568

Boys who reported that they have been in care are more likely to report problems with drugs (47%) and having emotional or mental health problems (35%) than boys who hadn’t been.569

Children in care were 5 times more likely to be sanctioned for an offence than children in the general population in 2013.570 The gap is widening; in 2010 it was more than 2.5 times more likely.571

42% of Muslim children didn’t know where they would be living on release compared with a quarter of non-Muslims.572

Three-quarters of children in prison had an absent father, one-third had an absent mother. Two-fifths had been on the child protection register or had experienced neglect or abuse.573

Only 37% of boys said it was easy for their friends and family to visit them—21% said they didn’t receive visits from friends and family at all.574


564 Ibid.565 Ibid.566 Ibid.567 Department for Education (2013) Children looked after in England year ending 31

March 2013, London: DfE, StatsWales website, and Office for National Statistics (2013) Population Estimates Total Persons for England and Wales and Regions - Mid-1971 to Mid-2012, London: ONS

568 Kennedy, E. (2013) Children and Young People in Custody 2012–13, London: HM Inspectorate of Prisons and Youth Justice Board


570 Table 4, Department for Education (2015) Outcomes for children looked after by local authorities, as at 31 March 2014, London: DfE

571 Table 7.1, Department for Education (2010) Outcomes for Children Looked After by Local Authorities in England, as at 31 March 2010, London: DfE


573 Jacobson J. et al (2010) Punishing Disadvantage: a profile of children in custody, London: Prison Reform Trust


Education and skillsThe educational background of children in custody is poor—almost nine out of 10 boys (88%) said they had been excluded from school.575

Almost two-fifths (38%) said that they were aged 14 or younger when they were last at school.576

75% of boys said they were taking part in education, 30% a job, 20% said they were in offending behaviour programmes and 14% that they were taking part in vocational or skills training.577

New education contracts in YOIs began in March 2015 with the aim of providing 30 hours of education per week for all young people.578

21% of young people in custody surveyed for the Youth Justice Board reported that they had learning difficulties.579

575 Ibid.576 Ibid.577 Ibid.578 Youth Justice Board (2015) Annual Report and Accounts 2015/15, London: Youth Justice

Board579 Gyateng, T., et al. (2013) Young People and the Secure Estate: Needs and Interventions,

London: Youth Justice Board

43


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The number of young adults (aged 18–20) in prison in England and Wales has fallen by 42% in the last six years. On 30 June 2015 there were 5,050 young adults in prison.580

The number of young adults sent to prison under sentence is falling. 7,308 young adults entered prison in 2014, nearly half the number in 2009.581

And so is the number sent to prison to await trial. 4,783 entered prison in 2014, a drop of 42% since 2009.582

Despite this welcome reduction, the Inspectorate has cautioned that those who remain in custody are “some of the most vulnerable, troubled young adults with complex needs”.583

More than two-fifths (43%) of young adults are in prison for violence against the person or robbery. One third are there for a theft or drug offence.584

There are 114 young adults currently in prison serving an indeterminate sentence. The majority (91) are mandatory lifers.585


581 Table A2.1, Ministry of Justice (2015) Offender management statistics, Prison receptions 2014, London: Ministry of Justice

582 Ibid.583 HM Chief Inspector of Prisons (2015) Annual Report 2014-15, London: The Stationery

Office584 Table A1.3b, Ministry of Justice (2015) Offender management statistics, Prison population

2015, London: Ministry of Justice585 Table A1.13, Ibid.

Treatment and conditionsThere are now 53 dual-designated prisons which are allowed to hold young adults together with adults (aged 21+).586

Two-thirds of young adults think most staff treat them with respect—compared with three-quarters of adults (77%).587

Young adults have the least time out of cell of all prisoners. 36% said that they had less than two hours out of their cell on a weekday, and only 6% said they had over 10 hours.588

Purposeful activity within young adult prisons needs improvement. None of those inspected this year received a positive rating.589

None of the young adult prisons inspected this year was assessed positively against all four of the Inspectorate’s healthy prison tests. None received the highest rating of ‘good’ in any of the four areas.590

586 Hansard HC, 9 July 2014, c326W587 HM Chief Inspector of Prisons (2015) Annual Report 2014-15, London: The Stationery

Office588 Ibid.589 Ibid.590 Ibid.

The Transition to Adulthood (T2A) Alliance, of which the Prison Reform Trust is a member, provides evidence to and promotes “the need for a distinct and radically different approach to young adults [and young people] in the criminal justice system; an approach that is proportionate to their maturity and responsive to their specific needs.”

In recent years there has been a move to hold young adults in prisons with adult prisoners, particularly in London and South East England, following the decision to no longer hold remanded young adults in Feltham YOI. These changes were put on hold pending the findings and recommendations of the independent review into self-inflicted deaths in custody of young adult men aged 18 to 24 led by Lord Harris.

Lord Harris’ review concluded that, “given the overwhelming evidence, it is wrong to assume that maturity will necessarily have been reached by the age of 18. The Criminal Justice System needs to recognise that young adults who are 18-24 years are still developing, and their behaviour and ability to cope with custody will depend on the level of maturity they have attained.”

It also called for a “legal recognition of the concept of ‘maturity’. As well as chronological age, maturity should be a primary consideration in making decisions relating to diversion, sentencing and, where a custodial sentence must be given, how and where a young adult (18–24) should be accommodated.”

Inspectors found that outcomes for young adults were generally worse in prisons which had integrated adults and young adults. A lack of maturity amongst young adults sometimes led to poor behaviour with increased levels of violence, use of force and segregation. Although maturity is increasingly recognised by the prison service as an important factor to be taken into account in the commissioning of services, inspectors have been critical that many prisons have no strategy to manage this distinct group.

Young adults in prison (18–20 year olds)

45


Safety in custodyThere have been 52 self-inflicted deaths of young adults in custody in the last 10 years—six were in 2014, all of them young men.591

Young adults account for 13% of all self-harm incidents although they represent 7% of the population in custody.592

Two-fifths of young adults reported feeling unsafe at some point whilst in custody.593

More than one in 10 young adults (13%) surveyed said they had experienced some form of physical abuse from other prisoners.594

A similar proportion (10%) said staff had physically abused them—more than a third said they had been victimised by staff.595

Inspectors found that local prisons in particular have struggled to cope with the introduction of young adults, who are over-represented in violent incidents and the use of force by staff.596

However, safety is generally worse in dedicated young adult prisons than integrated ones. Fewer people said they felt safe and they had higher levels of violence.597

Only a third of young adult men (35%) said that, if they wanted to, they were able to speak to a Listener at any time—compared with half of adult men (52%).598


592 Table 2.3, Ministry of Justice (2014) Safety in Custody Statistics Update to March 2014 - Self harm in prison custody 2004 to 2013, London: Ministry of Justice and Table A1.1, Ministry of Justice (2014) Offender management statistics, Prison Population 2014, London: Ministry of Justice


594 Ibid.595 Ibid.596 Ibid.597 Ibid.598 Ibid.

Drugs and alcoholOne in three young adults reported having a drug problem when they arrived into prison.599

15% of young adults reported arriving into prison with an alcohol problem—however these figures almost certainly underestimate the scale of the problem, as many of those with alcohol problems will fail to recognise or acknowledge them.600

19% of young adults said they had children themselves. This compares to 4% of the general population who are young fathers.601

16–24 year-olds are more likely than any other age group to become a victim of crime.602

Young people who are not in education or employment are twenty times more likely to commit a crime. 47% of young people aged 17–24 were in education, training or employment at the time of their arrest.603

599 Ibid.600 Ibid.601 Ministry of Justice (2012) Prisoners’ childhood and family backgrounds, London: Ministry

of Justice602 Table D1, Office for National Statistics (2014) Annual Trend and Demographic Tables -

Crime in England and Wales, Year Ending March 2014, London: ONS603 Young People in Focus (2009) Young Adults Today: Education, Training and Employment,

London: Young People in Focus

46


People aged 60 and over are the fastest growing age group in the prison estate. There are now nearly triple the number there were 15 years ago.604

People aged 50 and over currently make up 14% of the prison population. There are 11,980 people aged 50 and over in prison in England and Wales— 4,109 are aged 60 and over.605

On 31 March 2014 there were 102 people in prison aged 80 and over. Five people in prison were 90 or older.606

42% of men in prison aged over 50 have been convicted of sex offences. The next highest offence category is violence against the person (25%) followed by drug offences (11%).607

On 30 June 2015 there were 2,177 people aged 50 and over serving life sentences—of these 1,305 were mandatory sentences. 814 people were serving IPP sentences.608

Treatment and conditionsPeople aged 50 or older are more likely to say they had been victimised because of their disability, medication, age or the nature of their offence. However they are more positive than younger people about most aspects of prison life.609604 Table A1.6, Ministry of Justice (2015) Offender management statistics, Prison population

2015, London: Ministry of Justice605 Ibid.606 Hansard HC, 21 July 2014, c850W607 Table A1.4, Ministry of Justice (2014) Offender management statistics annual tables 2013,

London: Ministry of Justice608 Table A1.15, Ministry of Justice (2015) Offender management statistics, Prison population

2015, London: Ministry of Justice609 HM Chief Inspector of Prisons (2015) Annual Report 2014-15, London: The Stationery

At HMP Winchester the inspectorate found two older, severely disabled men who spent all day together in a small dark cell, who had not been able to shower for months, and who faced problems that staff were unaware of.610

HealthAs the prison population ages, more prisoners will die of natural causes while in prison. In 2014, 107 people aged 50 or over died of natural causes whilst in prison, an increase of nearly 50% in the last decade.611

People can apply for compassionate release if they have a life expectancy of less than three months, are bedridden or severely incapacitated.

The number of people released for compassionate reasons is low—between 2009 and 2013, 45 people were released.612

A study conducted in HMP Stafford that found that 51% of 50–59 year olds and 42% of those over 60 had at least one diagnosable psychiatric disorder.613

Office610 HM Chief Inspector of Prisons (2014) Annual Report 2013-14, London: The Stationery

Office611 Table 1.3, Ministry of Justice (2015) Safety in custody statistics quarterly update to March

2015, London: Ministry of Justice612 HC Hansard, 10 February 2014, c488W613 Table 6, Le Mesurier, N., Kinston, P., Heath, L., Wardle, S. (2010) A Critical Analysis of the

Mental Health Needs of Older Prisoners: Final Report, South Staffordshire Primary Care Trust and Staffordshire University

Older prisoners can be split into four main profiles, each with different needs: Repeat prisoners. People in and out of prison for less serious offences and have returned to prison at an older age. Grown old in prison. People sentenced for a long sentence prior to the age of 50 and have grown old in prison. Short-term, first-time prisoners. People sentenced to prison for the first time for a short sentence. Long-term, first-time prisoners. People sentenced to prison for the first time for a long sentence, possibly for historic sexual or violent offences.Many experience chronic health problems prior to or during imprisonment as a result of poverty, poor diet, inadequate access to healthcare, alcoholism, smoking and other substance abuse. The psychological strains of prison life can further accelerate the ageing process.

The Prison Reform Trust, along with HMCIP, Age UK and other organisations has called for a national strategy for work with older people in prison, something the Justice Committee agreed with and has stated: “It is inconsistent for the Ministry of Justice to recognise both the growth in the older prisoner population and the severity of their needs and not to articulate a strategy to properly account for this.”

The Care Act means that local authorities now have a duty to assess and give care and support to people who meet the threshold for care and are in prisons and probation hostels in their area. However inspectors found that in many prisons too little had been done to prepare and plan for these new arrangements.

Older people in prison

47


Six out of 10 older prisoners (59%) report having a longstanding illness or disability. This compares with just over a quarter (27%) of younger prisoners.614

Three-quarters of older prisoners were currently taking medication.615

Older prisoners interviewed on entering prison for the first time often suffered from ‘entry shock’. This was made worse by a lack of information and an unfamiliarity with prison regimes and expectations. Delays in accessing health care and receiving medication were a particular cause of concern.616

The number of healthcare ‘older prisoner leads’ has increased in recent years but they do not all appear always to be active in their roles, nor in receipt of specialist training. Nearly half (44%) of establishments do not have an older prisoner policy, against Department of Health guidance.617

614 Omolade, S. (2014) The needs and characteristics of older prisoners: Results from the Surveying Prisoner Crime Reduction (SPCR) survey, London: Ministry of Justice


616 Senior, J., et al (2013) Health and social care services for older male adults in prison: the identification of current service provision and piloting of an assessment and care planning model, London: The Stationery Office

617 Ibid.

ResettlementOur 2010 report, Doing Time found that 59 out of 92 prisons had nothing specific in place to support the resettlement needs of this group.618

A National Institute for Health Research study found that release planning for older prisoners was frequently non-existent. The lack of information received by prisoners in preparation for their release caused high levels of anxiety. Many reported minimal or no contact from probation workers or offender managers.619

The likelihood of having accommodation on release from custody decreases the older a prisoner is. In 2010–11 the proportion of positive accommodation outcomes on release from custody were lower for those aged 50–59 (81%) and 60 and over (79%) than the average of 86%.620

618 Cooney, F. and Braggins, J. (2010) Doing Time: Good practice with older people in prison – the views of prison staff, London: Prison Reform Trust

619 Senior, J., et al (2013) Health and social care services for older male adults in prison: the identification of current service provision and piloting of an assessment and care planning model, London: The Stationery Office

620 Prison Reform Trust, information from NOMS Equality Group, 9 November 2011

Perc

enta

ge c

hang

e

-100

-50

0

50

100

150

200

2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015

15-17 18-2021-24 25-2930-39 40-4950-59 60 and over

Source: Offender management statistics, Prison population 2015

Growing old behind barsChange in the age profile of the prison population in England and Wales since 2002

48


20–30% of people in prison are estimated to have learning disabilities or difficulties that interfere with their ability to cope with the criminal justice system.623 However, a recent joint inspectorate report found that the criminal justice system is currently failing to identify people with learning disabilities and difficulties adequately.624

7% of prisoners have an IQ of less than 70 and a further 25% have an IQ between 70–79.625

23% of children in custody have very low IQs of below 70, and a further 36% have an IQ between 70–80).626

60% of children who offend have difficulties with speech, language and communication, and half of this group have poor or very poor communication skills.627

25% of children in the youth justice system have identified special educational needs, 46% are rated as underachieving at school and 29% have difficulties with literacy and numeracy.628

21% of young people in custody surveyed for the Youth Justice Board reported that they had learning difficulties.629

621 Talbot, J. (2008) Prisoners’ Voices: Experiences of the criminal justice system by prisoners with learning disabilities and difficulties, London: Prison Reform Trust

622 Home Office (2004) An evaluation of the literacy demands of general offending behaviour programmes, London: Home Office

623 Loucks, N. (2007) No One Knows: Offenders with Learning Difficulties and Learning Disabilities. Review of prevalence and associated needs, London: Prison Reform Trust

624 Criminal Justice Joint Inspection (2015) A joint inspection of the treatment of offenders with learning disabilities within the criminal justice system—phase two in custody and the community, London: HM Inspectorate of Probation

625 Mottram, P. G. (2007) HMP Liverpool, Styal and Hindley Study Report. Liverpool: University of Liverpool

626 Harrington, R., and Bailey, S. (2005) Mental health needs and effectiveness of provision for young offenders in custody and in the community. London: Youth Justice Board

627 Bryan, K. and Mackenzie, J. (2008) Meeting the speech, language and communication needs of vulnerable young children, London: RCSLT

628 Youth Justice Board (2006) Barriers to engaging in education, training and employment, London: YJB

629 Gyateng, T., et al. (2013) Young People and the Secure Estate: Needs and Interventions,

Dyslexia is three to four times more common amongst prisoners than the general population.630

The Youth Justice Board (YJB) and the Department of Health have jointly developed a Comprehensive Health Assessment Tool. The tool, which screens for learning disabilities, specific learning difficulties, communication difficulties, ADHD and autistic spectrum disorder, also has a section on neuro-disability. While it is hoped that all Youth Offending Teams will adopt the new tool, the YJB is unable to mandate its use.631

Most youth offending team staff believe that children with learning disabilities, communication difficulties, mental health problems, ADHD, and low levels of literacy who offend are more likely than children without such impairments to receive a custodial sentence.632

Youth offending team staff report that children with impairments and difficulties have problems understanding the consequences of failing to comply with court orders and what they need to do to successfully complete an intervention.633

London: Youth Justice Board630 Rack, J. (2005) The Incidence of Hidden Disabilities in the Prison Population, Surrey:

Dyslexia Institute631 Provided by Youth Justice Board632 Talbot, J. (2010) Seen and Heard: supporting vulnerable children in the youth justice

system, London: Prison Reform Trust633 Ibid.

Prisoners with learning disabilities or difficulties are discriminated against personally, systemically and routinely as they enter and travel through the criminal justice system. They are frequently excluded from elements of the prison regime including opportunities to address their offending behaviour.621

Offending behaviour programmes are not generally accessible for people with an IQ below 80. There is a mismatch between the literacy demands of programmes and the skill level of many people in prison, which is particularly significant for speaking and listening skills.622

A joint inspection of the treatment of offenders with learning disabilities, published in 2015, found that improvements to services for this group have been limited and slow to implement; there was evidence that many prisons and probation trusts were either unaware of or unwilling to implement National Offender Management Service instructions and the Equality Act 2010, with probation and prison leaders often unaware of their statutory duty to make reasonable adjustments to services for people with a disability.

The Care Act 2014 places a duty on local authorities to assess the social care needs of prisoners and people living in probation hostels and, where eligible needs are identified, to provide the necessary care and support. In many areas, however, too little has been done to prepare for these new arrangements.

Prisoners with learning disabilities and difficulties


49

Over 80% of prison staff say that information accompanying people into prison is unlikely to show that the presence of learning disabilities had been identified prior to their arrival. Once in prison there is no routine or systematic procedure for identifying prisoners with learning disabilities. Consequently the particular needs of such prisoners are rarely recognised or met.634

A learning disability screening tool, the LDSQ, was piloted in four prisons under the auspices of the Department of Health. The results, reported in March 2010, established that it was an effective tool for use in prisons. The tool has still not been made routinely available.635

HM Chief Inspector of Prisons has noted during inspections that a few prisons, including Rye Hill, had introduced the Learning Disability Screening Questionnaire (LDSQ), which was good practice.636

Over half of prison staff believe that prisoners with learning disabilities or difficulties are more likely to be victimised and bullied than other prisoners.637 Over half of such prisoners say they had been scared while in prison and almost half say they have been bullied or that people have been nasty to them.638

Many prisoners with learning disabilities or difficulties find it hard to access prison information; over two-thirds have problems reading prison information—this rises to four-fifths for prisoners with learning disabilities.639

Over two-thirds of prisoners with learning disabilities or difficulties have problems filling in prison forms—this rises to three-quarters for prisoners with learning disabilities. Consequently many miss out on things such as family visits and going to the gym, or get the wrong things delivered such as canteen goods.640

Over half of prisoners with learning disabilities or difficulties say they have problems making themselves understood in prison—this rises to more than two-thirds for those with learning disabilities. Over two-thirds experience problems in verbal comprehension skills, including difficulties understanding certain words and in expressing themselves.641

634 Talbot, J, (2007) No One Knows: Identifying and supporting prisoners with learning difficulties and learning disabilities: the views of prison staff, London: Prison Reform Trust

635 Department of Health (2010) LDSQ pilot evaluation report, London: Department of Health636 HM Chief Inspector of Prisons (2012) Annual Report 2011-12, London: The Stationery

Office637 Talbot, J, (2007) No One Knows: Identifying and supporting prisoners with learning

difficulties and learning disabilities: the views of prison staff, London: Prison Reform Trust638 Talbot, J. (2008) Prisoners’ Voices: Experiences of the criminal justice system by prisoners

with learning disabilities and difficulties, London: Prison Reform Trust639 Ibid.640 Ibid.641 Ibid.

Prisoners with learning disabilities or difficulties are more likely than other prisoners to have broken a prison rule, are five times as likely to have been subject to control and restraint techniques and over three times as likely to have spent time in segregation.642

Prisoners with learning disabilities or difficulties are more than three times as likely as prisoners without such impairments to have clinically significant depression or anxiety.643

Over half of prison staff are not confident that their prison has the skills and expertise to support this group of prisoners.644

Prison staff would like greater strategic and operational direction to assist their work with this group of prisoners.645

Lord Bradley’s independent review of people with mental health problems or learning disabilities in the criminal justice system, The Bradley Report, was published in 2009.646

The report calls for all police custody suites and criminal courts to have access to liaison and diversion services. These services would work with criminal justice staff to identify people with mental health problems, learning disabilities and other support needs. Information gathered by liaison and diversion services will help inform disposal options including, where appropriate, diversion away from criminal justice into treatment and care.647

By April 2015 the government had invested £75m in liaison and diversion services at police stations and criminal courts, leading to 53% population coverage across England. Subject to successful evaluation, full roll out of services will be completed in 2017.648

To ensure the government’s proposals for a national roll-out of liaison and diversion services across England are fully implemented, the Prison Reform Trust and the National Federation of Women’s Institutes formed the Care not Custody coalition. As of September 2015 the coalition comprises 34 allied professional groups and charities representing almost two million people across the health, social care and justice sectors and wider civic society.642 Talbot, J. (2008) Prisoners’ Voices: Experiences of the criminal justice system by prisoners

with learning disabilities and difficulties, London: Prison Reform Trust643 Ibid.644 Talbot, J, (2007) No One Knows: Identifying and supporting prisoners with learning

difficulties and learning disabilities: the views of prison staff, London: Prison Reform Trust645 Ibid.646 Department of Health (2009) The Bradley Report, Lord Bradley’s report of people with

mental health problems or learning disabilities in the criminal justice system, London: Department of Health

647 Ibid.648 Department of Health website, accessed on 21 April 2015, https://www.gov.uk/

government/news/extra-funding-for-mental-health-nurses-to-be-based-at-police-stations-and-courts-across-the-country


Care not Custody coalition members

Action for Prisoners’ Families NHS Confederation, Mental Health Network

The Advocacy Training Council National Appropriate Adult Network

Association of Directors of Adult Social Services National Federation of Women’s Institutes

Association of Members of Independent Monitoring Boards Police Federation of England and Wales

Bar Council Police Foundation

British Association for Counselling & Psychotherapy POPS (Partners of Prisoners and Families Support Group)

Centre for Mental Health Prison Governors Association

Office of the Children’s Commissioner Prison Officers Association

Clinks Prison Reform Trust

Criminal Bar Association Rethink Mental Illness

Criminal Justice Alliance Revolving Doors Agency

The Howard League for Penal Reform Royal College of Nursing

KeyRing Living Support Networks Royal College of Psychiatrists

The Law Society Together: For Mental Wellbeing

Magistrates’ Association Victim Support

Mencap Women’s Breakout

Mind Women in Prison

50

An independent review found that “Significant progress has been made towards achieving the vision laid out in The Bradley Report. The Crisis Care Concordat, the National Liaison and Diversion Development Programme...and Street Triage pilots are considerable achievements”.649

However, it repeated Lord Bradley’s call for mental health and learning disability awareness training for all frontline criminal justice and health staff, which should be regularly updated.650

649 Durcan, G., et al. (2014) The Bradley report five years on: an independent review of progress to date and priorities for further development, London: Centre for Mental Health

650 Ibid.

The Joint Committee on Human Rights noted that “people with learning disabilities may serve longer custodial sentences than others convicted of comparable crimes.” Responding to evidence submitted by the Prison Reform Trust, the committee went on to say that “this clearly [breaches] Article 5 ECHR (right to liberty) and Article 14 ECHR (enjoyment of ECHR rights without discrimination).”651

In February 2010, a prisoner with learning disabilities who had served over twice his tariff was awarded a case for breach of the Disability Discrimination Act and for breach by the Secretary of State for Justice, for failing in his duties to take steps to enable the prisoner in question to undertake some type of offending behaviour work.652

651 Joint Committee on Human Rights (2007-08) A life like any other? Human rights of adults with learning disabilities, London: The Stationery Office

652 Gill v Secretary of State for Justice, available at http://www.bailii.org/ew/cases/EWHC/Admin/2010/364.html

51


25% of women and 15% of men in prison reported symptoms indicative of psychosis.653 The rate among the general public is about 4%.654

10% of men and 30% of women have had a previous psychiatric admission before they entered prison.655

26% of women and 16% of men said they had received treatment for a mental health problem in the year before custody.656

58% of women entering prison and 35% of men said they had emotional well-being or mental health issues.657

Personality disorders are particularly prevalent among people in prison. 62% of male and 57% of female sentenced prisoners have a personality disorder.658

49% of women and 23% of male prisoners in a Ministry of Justice study were assessed as suffering from anxiety and depression. This compares with 16% of the general UK population (12% of men and 19% of women).659

653 Light, M., et al. (2013) Gender differences in substance misuse and mental health amongst prisoners, London: Ministry of Justice.

654 Wiles, N., et al. (2006) Self-reported psychotic symptoms in the general population, The British Journal of Psychiatry, 188: 519-526

655 Department of Health, Conference Report, Sharing Good Practice in Prison Health, 4/5 June 2007



658 Stewart, D. (2008) The problems and needs of newly sentenced prisoners: results from a national survey, London: Ministry of Justice

659 Light, M., et al. (2013) Gender differences in substance misuse and mental health amongst

46% of women prisoners report having attempted suicide at some point in their lives. This is more than twice the rate of male prisoners (21%) and higher than in the general UK population (6%).660

According to the Department of Health, youth justice screening tools have tended to overlook the physical health problems and underestimate the rate of mental health problems of children who offend.661

In 2011, 953 prisoners were transferred to National Health Service secure services.662 The majority of transfers are to medium secure care.663

HM Chief Inspector of Prisons has noted that transfer times for patients accessing secure NHS facilities continued to improve over 2011–12 but in certain areas of the country, including London, they remain problematic. At the time of the inspection of Brixton, for example, 14 patients were awaiting transfer to NHS mental health beds, one of whom had been waiting over six months.664

prisoners, London: Ministry of Justice660 Light, M., et al. (2013) Gender differences in substance misuse and mental health amongst

prisoners, London: Ministry of Justice661 HM Government (2009) Healthy Children, Safer Communities, London: Department of

Health662 Hansard HL, 22 October 2012 cWA39663 Hansard HL, 4 November 2010, c445W664 HM Chief Inspector of Prisons (2012) Annual Report 2011-12, London: The Stationery

Office

“Prison has become, to far too large an extent, the default setting for those with a wide range of mental and emotional disorders.”Anne Owers, former HM Chief Inspector of Prisons

On 30 April 2009, Lord Bradley, a former Minister of State at the Home Office, published the findings of his independent review of people with mental health problems or learning disabilities in the criminal justice system, The Bradley Report.

According to the report there is insufficient data to identify how many individuals are remanded in custody pending a psychiatric report, how many are assessed as having a mental health problem, and how many are so unwell that they require transferring out of custody for treatment.

Lord Bradley called for adequate community alternatives to prison for vulnerable offenders, where appropriate. Lord Bradley’s review heard evidence that 2,000 prison places per year could be saved if a proportion of eligible, short-term prisoners who committed offences while experiencing mental health problems were given appropriate community sentences.

Lord Bradley further called for all police custody suites and criminal courts to have access to liaison and diversion services. These services will work with criminal justice staff to identify people with mental health problems, learning disabilities and other support needs, and help to ensure the necessary treatment and support for people as they pass through the justice system including, where appropriate, diversion into treatment and care. By April 2015 the government had invested £74m in liaison and diversion services, leading to 53% population coverage across England. Subject to successful evaluation, full roll out of services will be completed in 2017.

Mental health

52


The Bradley Report recommended that the Department of Health introduce a new 14 day maximum wait to transfer prisoners with acute, severe mental illnesses to an appropriate health setting.665 Whilst there has been some progress in improving access to hospital care for prisoners requiring specialist treatment, the 14 day target has not been implemented and reform continues to be vital.666

An analysis of over 21,000 custody records in four police stations in cities in the East Midlands showed that an appropriate adult was used in only 38 instances (0.016%). Based on the most conservative extract of the rates of mental illness in the population, there should have been about 400 instances (1.9%), and on the more generous estimate 3,000 (14%).667 The Bradley Commission has since called for funding arrangements for Appropriate Adult schemes to be clarified.668

Only 30% of mental health in-reach team records looked at in 2009 by the Prisons Inspectorate recorded ethnicity, even though this is a minimum requirement within the NHS dataset.669

Black and minority ethnic groups are 40% more likely than average to access mental health services via a criminal justice system gateway.670

According to a Ministry of Justice self-report study amongst those who had been abused as a child, 28% reported having been treated/counselled for a mental health/emotional problem in the year prior to custody compared with 12% of those who had not experienced abuse.671

A study by University College London found that 40% of child sexual exploitation victims were involved in offending behaviour. 50% of the offending group had committed their first offence by 14 and 75% by 15, and that 70% of offenders reoffended, with one quarter committing 10 or more offences.672

665 Department of Health (2009) The Bradley Report, Lord Bradley’s report on people with mental health problems or learning disabilities in the criminal justice system, London: Department of Health

666 Durcan, G., et al. (2014) The Bradley Report five years on: An independent review of progress to date and priorities for further development, London: Centre for Mental Health

667 Department of Health (2009) The Bradley Report, Lord Bradley’s report on people with mental health problems or learning disabilities in the criminal justice system, London: Department of Health


669 HM Chief Inspector of Prisons (2009) Race relations in prison: responding to adult women from black and minority ethnic backgrounds, London: The Stationery Office

670 Department of Health (2009) The Bradley Report, Lord Bradley’s report of people with mental health problems or learning disabilities in the criminal justice system, London: Department of Health

671 Ministry of Justice (2010) Compendium of reoffending statistics and analysis, London: Ministry of Justice

672 Cockbain, E. and Brayley, H. (2011) Briefing Document: CSE and Youth Offending, Jill Dando Institute of Security and Crime Science, London: UCL

HM Chief Inspector of Prisons has noted that patients with more complex mental health problems have good access to mental health staff, but services for patients with common mental health problems were less developed. In some prisons daytime therapeutic support services and access to counselling were limited.673

In 2014, the Bradley Commission repeated Lord Bradley’s call for mental health and learning disability awareness training for all frontline criminal justice and health staff, which should be regularly updated.674

HM Inspectorate of Prisons found that the number of staff who had received mental health awareness training ranged from almost 90% to less than 10% of uniformed officers.675

In 2014–15 inspectors found that many prisons had gaps in primary mental health care, in particular, an absence of counselling services, as well as problems in transferring patients to mental health units within the current Department of Health guideline of 14 days.676

Prisoners considered to be experiencing anxiety and depression were more likely to be reconvicted than those who were not (59% compared with 50%) in the year after release from custody.677

In 2008, delegates at the National Federation of Women’s Institutes annual conference voted overwhelmingly for a resolution to call a halt to the inappropriate imprisonment of people who are mentally ill.678

Following a three year campaign led by the National Federation of Women’s Institutes, in partnership with the Prison Reform Trust, the government announced plans to establish a national service for the diversion of people who are mentally ill away from the justice system and into treatment and care. By April 2015 the government had invested £75m in liaison and diversion services at police stations and criminal courts, leading to 53% population coverage across England. Subject to successful evaluation, full roll out of services will be completed in 2017.679



675 HM Inspectorate of Prisons (2014) Report of a review of the implementation of the Zahid Mubarek Inquiry recommendations, London: HMIP


677 Ministry of Justice (2012) Estimating the prevalence of disability amongst prisoners: results from the Surveying Prisoner Crime Reduction (SPCR) survey, London: Ministry of Justice

678 The WI website, accessed on 16 October 2014, http://www.thewi.org.uk/campaigns/current-campaigns-and-initiatives/care-not-custody/campaign-overview

679 Department of Health website, accessed on 21 April 2015, https://www.gov.uk/government/news/extra-funding-for-mental-health-nurses-to-be-based-at-police-stations-and-courts-across-the-country


53

Safety in custody

There have been 2,731 deaths in prison custody between 2000 and 2014. Four in 10 were self-inflicted, over half were natural causes (55%) and there were 23 homicides.680

There were 243 deaths in custody in 2014, the highest number on record. Over a third were self-inflicted.681

People in prison are more likely to die in prison than five years ago. More prisoners were murdered, killed themselves, self-harmed and were victims of assaults. There were more serious assaults and the number of assaults and serious assaults against staff also rose.682

Safety within adult male prisons were not good enough in more than half the prisons inspected in 2014–15. Around four in 10 men (42%) said they felt unsafe at some point whilst in custody.683

Inspectors have warned that the growing use of new and largely non-detectable psychoactive substances (NPS) is leading to problems such as violence, bullying, debt and medical emergencies requiring hospitalisation.684

Self-harmRates of self-harm have increased by 13% in the last two years. There were 25,775 self-harm incidents in 2014 with 1,749 requiring a hospital attendance.685

More than a quarter (28%) of self-harm incidents occurred within the first month of arriving in a prison—10% were during the first week.686

Women accounted for 26% of all self-harm incidents in 2014 despite representing just 5% of the total prison population. This has fallen sharply since 2011 when women accounted for nearly half of all incidents, and reflects rising incidents amongst men.687

Rates of self-harm amongst men have increased by more than a third (35%) over the last five years. Whilst rates for women have fallen over the last three years, they still remain significantly higher than for men.688



Office683 Ibid.684 Ibid.685 Table 2.1, Ministry of Justice (2015) Safety in custody statistics quarterly update to March

2015, London: Ministry of Justice686 Table 2.5, Ibid.687 Table 2.1, Ibid. and Table A1.2, Ministry of Justice (2015) Offender management statistics,

Prison population 2015, London: Ministry of Justice688 Table 2.1, Ministry of Justice (2015) Safety in custody statistics quarterly update to March

Many incidents reflect prolific self-harm by the same women. 6% of women self-harmed more than 20 times compared with 1% of men.689

Self-inflicted deathsThere were 84 self-inflicted deaths in prisons in England and Wales in 2014, the highest number since 2007.690 Three were women, and six were young adults aged 18–20.691

The Prisons and Probation Ombudsman (PPO) has said “this reflects a rising toll of despair among some prisoners.”692

The rate of self-inflicted deaths amongst the prison population is 100 per 100,000 people— amongst the general population it’s 11.9 per 100,000 people.693

Most are white, single men and remand prisoners are also over-represented.694

21% of self-inflicted deaths in 2014 were by people held on remand, despite their comprising 14% of the prison population.695 Despite this, they are not currently defined as a group at particular risk by the National Offender Management Service.696

15% of self-inflicted deaths occurred within the first seven days in prison in 2014.697

2015, London: Ministry of Justice689 Table 2.12, Ibid.690 Table 1.1, Ministry of Justice (2015) Safety in custody statistics quarterly update to March

2015, London: Ministry of Justice691 Table 1.2 and 1.3, Ibid.692 Prisons and Probation Ombudsman (2014) Annual report 2013-14, London: PPO693 Table 1.1, Ministry of Justice (2015) Safety in custody statistics quarterly update to March

2015, London: Ministry of Justice and Office for National Statistics (2015) Suicides in the United Kingdom, 2013 Registrations, Newport: Office for National Statistics

694 Prisons and Probation Ombudsman (2014) Learning from PPO investigations: Risk factors in self-inflicted deaths in prisons, London: Prisons and Probation Ombudsman

695 Table 1.8, Ministry of Justice (2015) Safety in custody statistics quarterly update to March 2015, London: Ministry of Justice and Table A1.1, Ministry of Justice (2015) Offender management statistics, Prison population 2015, London: Ministry of Justice



An average week in prisons in England and Wales

• Four to five prisoners died.• One or two of those deaths was self-inflicted—

most using a ligature fixed to a bed or window.• There were almost 500 self-harm incidents.• There were over 300 assaults and more than 40

of them were serious. A blunt instrument or blade were the most common weapons.

• There were about 70 assaults on staff and nine of them were serious.

Source: HM Chief Inspector of Prisons (2015) Annual Report 2014–15

54


People on the basic level of the Incentives and Earned Privileges (IEP) scheme account for a disproportionate number of self-inflicted deaths.They accounted for 8% of self-inflicted deaths in prison between 2007 and 2012 but represent only 2% of the prison population.698

Assessment, Care in Custody and Teamwork (ACCT) is a Prison Service-wide process for supporting and monitoring prisoners thought to be at risk of harming themselves.

Just a quarter (24%) were being monitored on an ACCT at the time of their death—indicating how few were recognised to be at risk.699

Five men took their own lives in segregation units during 2014–15—one was on an ACCT at the time.700

13% had attempted suicide in the prison in which they later died. Over a third (38%) were known to have either self-harmed or previously attempted suicide while in prison.701

32 children have died in penal custody since 1990, only two were not self-inflicted.702

196 young adults (18–20) died in prison between 1990 and 2014—182 were self-inflicted.703

A fifth (20%) of 18–24 year olds were recorded as having experienced bullying from other prisoners in the month before their death—compared with 13% of other prisoners.704

A fifth (20%) of 18–24 year olds had moved cells in their last 72 hours. A move between wings can mean losing the support of a friendly cell mate or familiar faces on the wing.705

Two-thirds of 18–24 year olds had mental health needs, and 27% had previously been admitted for psychiatric care.706

Incidents in prisonThe National Tactical Response Group, a specialist unit assisting in safely managing and resolving serious incidents in prisons responded to over 400 incidents in 2014–15.707

698 Prisons and Probation Ombudsman (2013) Learning Lessons Bulletin: Fatal incidents investigations issue 4, London: Prisons and Probation Ombudsman



701 Ibid.702 Table 1.3, Ministry of Justice (2015) Safety in custody statistics quarterly update to March

2015, London: Ministry of Justice703 Ibid.704 Prisons and Probation Ombudsman (2014) Learning lessons bulletin: Fatal incident

investigations—Young adult prisoners, London: Prisons and Probation Ombudsman705 Ibid.706 Ibid.707 National Offender Management Service (2015) Annual report and accounts 2014–2015,

Tornado teams, which provide emergency response to major incidents within prisons, were deployed on 15 occasions during 2014. Teams responded twice at Northumberland and Channings Wood.708

There were 2,025 incidents at height between April 2012 and March 2014. The majority took place within prison buildings, however 242 were external, i.e. on a prison roof.709

There were 205 prisoner-on-prisoner hostage incidents between January 2010 and May 2014. Hostage incidents have become more common, with a sharp rise in 2013.710

There were 605 fire incidents in prison during the first six months of 2014.711

14 people were hospitalised following use of force by staff in 2014.712

AssaultsAssaults are at the highest level they have ever been. There were nearly 16,200 assaults in prison during 2014—over three-quarters were prisoner on prisoner.713

There has been a 35% increase in serious assaults in the last year alone. They now make up 13% of all assaults, the highest level recorded.714

Around half of people (53%) who reported being physically assaulted by another prisoner did not report it to staff.715

Death by natural causesThe number of deaths from natural causes has more than doubled since 2000. There were 141 deaths from natural causes in 2014—10 more than the year before and the highest rate since records began.716

The average age of people dying from natural causes in prison between 2007 and 2010 was 56 years old—the youngest was aged 19 and the oldest 88. A large number people died aged between 35 and 54 (39% of all deaths).717

London: Ministry of Justice708 Ministry of Justice (2015) Deposited paper DEP2015-0350, London: House of Commons

Library709 Ministry of Justice (2015) Deposited paper DEP2015-0383, London: House of Commons

Library710 Ibid.711 Ministry of Justice (2015) Deposited paper DEP2015-0108, London: House of Commons

Library712 Ministry of Justice (2015) Deposited paper DEP2015-0435, London: House of Commons

Library713 Table 3.8, Ministry of Justice (2015) Safety in custody statistics quarterly update to March

2015, London: Ministry of Justice714 Ibid.715 Brunton-Smith, I. and Hopkins, K. (2014) Prisoners’ experience of prison and outcomes on

release: Waves 2 and 3 of SPCR, London: Ministry of Justice716 Table 1.1, Ministry of Justice (2015) Safety in custody statistics quarterly update to March

2015, London: Ministry of Justice717 Prisons and Probation Ombudsman (2012) Learning from PPO investigations: Natural

cause deaths in prison custody 2007-2010, London: Prisons and Probation Ombudsman

55


Disability36% of prisoners are estimated to have a physical or mental disability—compared with 19% of the general population.718

11% have a physical disability, 18% have a mental disability and 7% have both.719

However, inspectors regularly found that disabled prisoners are not reliably identified.720

Over half of people with a disability said they felt ‘extremely alone’ during their first days in prison (55%)—compared with around a third (36%) of people without a disability.721

They also felt more ‘worried and confused’ when they arrived (60%)—compared with 42% of people without a disability.722

Prisoners with disabilities are more negative about many key aspects of prison life.723

More than half of prisoners with a disability report feeling unsafe (55%)—46% said they’d been victimised by other prisoners.724

718 Ministry of Justice (2012) Estimating the prevalence of disability amongst prisoners: results from the Surveying Prisoner Crime Reduction (SPCR) survey, London: Ministry of Justice


Office721 Ministry of Justice (2012) Estimating the prevalence of disability amongst prisoners: results

from the Surveying Prisoner Crime Reduction (SPCR) survey, London: Ministry of Justice722 Ibid.723 HM Chief Inspector of Prisons (2015) Annual Report 2014-15, London: The Stationery

Office724 Ibid.

Two-fifths prisoners with a disability said they had been victimised by staff—a fifth said they were threatened or intimidated by staff (19%).725

One in ten prisoners with a disability reported being restrained by staff in the last six months.726

The needs of many requiring help or reasonable adjustments are not being met. The removal of Disability Liaison Officers in many prisons has also affected care.727

Prisoners with a disability are more likely to need help with a medical problem (35%)—compared with 10% of people without a disability.728

Prisoners with a disability are more likely to say they need help with a mental health or emotional problem (40%)—compared with 9% of people without a disability.729

A quarter of prisoners with a disability said they had harmed themselves at some point during their life (24%)—compared with 9% of people without a disability.730

40% of prisoners with a disability said they had attempted suicide at some point during their life—compared with 15% of people without a disability.731

725 Ibid.726 Ibid.727 Ibid.728 Ministry of Justice (2012) Estimating the prevalence of disability amongst prisoners: results

from the Surveying Prisoner Crime Reduction (SPCR) survey, London: Ministry of Justice729 Ibid.730 Ibid.731 Ibid.

Disability and mobility needs within the prison population are both severe and commonplace. The House of Commons Justice Committee found that prisoners risk being isolated by a physical environment and regime which they cannot access. They recommended that older and disabled prisoners should no longer be held in institutions which are not able to meet their needs, or are unsuitable environments.

HM Inspectorate of Prisons found that prisoners with a disability continue to report reduced access to the prison regime—including education or vocational training, access to the library, gym, exercise and association—compared to prisoners without a disability.

The inspectorate also found that sometimes questionable security imperatives got in the way of making reasonable adjustments required by the Equality Act 2010. Concerns have also been raised that many disability liaison officers in prison lack sufficient time to develop work with people with a disability.

Since April 2013, NHS England became responsible for commissioning of all health services. Responsibility for commissioning offender health services lies with ten of the 27 area teams of NHS England. A National Partnership Agreement between NHS England and NOMS sets out a commitment and strategy for joint working. Healthcare is a devolved responsibility in Wales.

The Care Act means that local authorities now have a duty to assess and give care and support to people who meet the threshold for care and are in prisons and probation hostels in their area. However inspectors found that in many prisons too little had been done to prepare and plan for these new arrangements.

Disability and health

56


People who said they had previously been in the armed forces were more likely to say they had a disability (36%)—compared with 21% who hadn’t.732

Veterans were also more likely to say they were currently on medication—60% compared with 48%.733

Some prisons inspected in 2012–13 had made significant adaptations to their accommodation, and prisoners were used as paid carers and wheelchair pushers.734

15% of children held in Young Offender Institutions said they had a disability.735

Boys with disabilities were more likely to say they’d been victimised by other boys and felt unsafe at some time, including on their first night.736

HealthHM Inspectorate of Prisons found more good practice in health care than in other areas of prison life. However, improvements are undermined by restrictions to prison regimes and the unavailability of custody staff to provide supervision.737

More than three-quarters of women were on medication (77%) when they entered prison, compared with half of men.738

Only a quarter of men (27%) said it was easy to see a doctor.739

Approximately four times as many people in prisons smoke than in the general population.740

Smoking will be banned in all prisons in Wales from January 2016 and at four early adopter sites in England (HMPs Exeter, Channings Wood, Dartmoor and Erlestoke) from March.741

Many more prisons have developed approaches to palliative care and the care of lifelong incapacitating illnesses. Inspectors saw good and caring practices in several prisons to ease the suffering of terminally ill patients and their relatives.742

732 Ibid.733 Ibid.734 HM Chief Inspector of Prisons (2013) Annual Report 2012-13, London: The Stationery


Office736 Ibid.737 HM Chief Inspector of Prisons (2015) Annual Report 2014-15, London: The Stationery

Office738 Ibid.739 Ibid.740 Public Health England (2015) Health & justice report 2014, London: PHE741 Ministry of Justice website, accessed on 2 October 2015, available at

https://www.gov.uk/government/speeches/smoking-in-prisons742 HM Chief Inspector of Prisons (2012) Annual Report 2011-12, London: The Stationery

However the Prisons and Probation Ombudsman found that care is not universally good. Over a quarter of prisoners in their sample of foreseeable deaths had no palliative care plan, support for families was variable, and greater efforts could have been made to obtain temporary or compassionate release to allow prisoners to die with dignity in the community.743

Only 28% of prisoners said they went to the gym three or more times a week. In some prisons, sessions were often cancelled because of staff shortages.

82% of boys (15–18) reported visiting the gym once or more a week.744

11% of men were assessed as malnourished at HMP Pentonville when they were admitted to the prison.745

A recent study in England found that 60% of young people in custody reported experiencing a traumatic brain injury—a finding consistent with others from around the world. It’s estimated to affect around 8.5% of the population during their lifetime.746

Office743 Prisons and Probation Ombudsman (2013) Learning from PPO Investigations: End of life

care, London: Prisons and Probation Ombudsman744 Figure 32, Kennedy, E (2013) Children and Young People in Custody 2012-13, London: HM

Inspectorate of Prisons.745 HM Chief Inspector of Prisons (2014) Report on an unannounced inspection of HMP

Pentonville, London: HMIP746 Williams, H. (2012) Repairing shattered lives: Brain injury and its implications for criminal

justice, London: Barrow Cadbury Trust

57


Drugs and alcoholDrugs14% of men and women in prison were serving sentences for drug offences. The majority were trafficking offences, however nearly 400 people were there for possession.747

66% of women and 38% of men in prison report committing offences in order to get money to buy drugs. 48% of women prisoners said they committed their offence to support the drug use of someone else, compared to 22% of men.748

Two-thirds (64%) of prisoners reported having used drugs in the four weeks before custody.749

Half of women (49%) and 29% of men in prison reported needing help with a drug problem when entering prison.750

Rates of heroin, cocaine or crack use were higher (44% to 35%) for prisoners sentenced to less than one year than those serving longer terms.751

People who had been taken into care as a child were more likely to have used drugs in the past year (84%)—compared with 67% of people not taken into care.752

Prisoners were also more likely to have taken drugs in the past year if they had experienced abuse as a child (80%)—compared with 67% of people who hadn’t.753

More than a third (36%) of men reported that it was easy to get drugs in their prison.754

Almost one in five (19%) people who had ever used heroin reported first using it in prison.755

Incidents where a visitor was arrested on suspicion of smuggling drugs into prisons fell by 37% between 2008–09 and 2013–14.756

All prisoners are subject to random mandatory drug tests (MDTs). In 2014–15, 7% of the prison population tested positive from random mandatory drug tests.757

747 Table A1.4i, Ministry of Justice (2015) Offender management statistics, Prison population 2015, London: Ministry of Justice


749 Ibid.750 Ibid.751 Stewart, D. (2008) The problems and needs of newly sentenced prisoners: results from a

national survey, London: Ministry of Justice752 Ministry of Justice (2010) Compendium of reoffending statistics and analysis, London:

Ministry of Justice753 Ibid.754 HM Chief Inspector of Prisons (2015) Annual Report 2014-15, London: The Stationery

Office755 Ministry of Justice (2010) Compendium of reoffending statistics and analysis, London:

Ministry of Justice756 Hansard HC, 3 May 2011, c628W and Hansard HC, 7 January 2015, written question

219262757 Ministry of Justice (2015) National Offender Management Service Annual Report 2014/15:

Inspectors have said that MDT is a poor indicator of illicit drug use as it doesn’t detect new psychoactive substances (NPS) or most commonly abused prescription medicines.758

Diverted prescription medication is reported in the majority of prisons inspected. It can result in drug debts, bullying, unknown interactions with other prescribed drugs and the risk of overdose.759

An average of 7% of adult prisoners said they had developed a problem with diverted medication in their current prison.760

Inspectors have warned that growing use of NPS is leading to bullying, debt and medical emergencies requiring hospitalisation.761

There have been reports of prisoners, including at least one case where a man died, being given ‘spiked’ cigarettes by others who wanted to test new batches as a way of gauging the effect before taking it themselves.762

Use of new psychoactive substances is not as widespread in women’s prisons as men’s.763

37% of women and 25% of men reported attending an accredited drugs programme whilst in prison—52% of women and 33% of men reported receiving some form of addiction treatment whilst in prison.764

31% of people in prison receiving treatment for opioid addition were on a detox programme. Many people are not eligible to complete a structured drug treatment programme as their time in custody is not long enough.765

Men are 29 times more likely to die during the week following release than the general population, while women are 69 times more likely to die. 59% of deaths were found to be drug related.766

Reconviction rates more than double for people who reported using drugs in the four weeks before custody compared with people who had never used drugs (62% compared with 30%).767

Management Information Addendum, London: Ministry of Justice758 HM Chief Inspector of Prisons (2015) Annual Report 2014-15, London: The Stationery


Office.760 HM Chief Inspector of Prisons (2013) Annual Report 2012-13, London: The Stationery


Office762 Prisons and Probation Ombudsman (2015) Learning lessons bulletin: New psychoactive

substances, London: PPO763 HM Chief Inspector of Prisons (2015) Annual Report 2014-15, London: The Stationery

Office764 Light, M., et al. (2013) Gender differences in substance misuse and mental health amongst

prisoners, London: Ministry of Justice765 Hansard HC, 5 January 2015, written question 219264766 Farrell, M. and Marsden, J. (2005) Drug-related mortality among newly released offenders

1998 to 2000, Home Office online report 40/05, London: Home Office767 Light, M., et al. (2013) Gender differences in substance misuse and mental health amongst


Men and women prisoners who reported drinking daily, drank an average of 20 units per day.779 This is equivalent to drinking two bottles of wine or 10 pints of beer in a single day.780

54% of surveyed prisoners with alcohol problems also reported a problem with drugs.781

44% said they had emotional or mental health issues in addition to their alcohol problems—this was especially pronounced among women surveyed.782

Almost a third (32%) of the prisoners who said that they had a family member with an alcohol problem drank every day in the four weeks prior to custody.783

Inspectors found that services for alcohol users are very limited, particularly for those who do not also use illicit drugs.784

58% of people surveyed said they had been offered support for their alcohol problems inside prison. However, only 22% found this support ‘very helpful’.785

Women were less aware of support for their alcohol problems. 27% of women had no knowledge of support available compared to 23% of men and fewer reported being offered help (42% of women compared with 60% of men).786

Only 40% of people surveyed were informed of help available for their drinking problems on release.787

People who drank daily before custody are more likely to be reconvicted within a year (62%)—compared with people who drank less (49%).788

According to the Home Office, in 2009 misuse of alcohol and irresponsible drinking results in economic and social costs in the region of £12–18 billion per year.789

Children who have begun binge drinking by the age of 16 are 90% more likely to have criminal convictions by the age of 30.790

779 Ibid.780 NHS website, accessed on 28 August 2015, available at http://www.nhs.uk/Livewell/

alcohol/Pages/alcohol-units.aspx781 HM Chief Inspector of Prisons (2010) Alcohol services in prisons: an unmet need, London:

The Stationery Office782 Ibid.783 Ministry of Justice (2010) Compendium of reoffending statistics and analysis, London:

Ministry of Justice784 Ibid.785 Alcohol and Crime Commission (2014) The Alcohol and Crime Commission Report,

London: Addaction786 Ibid.787 Ibid.788 Ministry of Justice (2010) Compendium of reoffending statistics and analysis, London:

Ministry of Justice789 Home Office (2009) Home Office Departmental Report 2009, London: The Stationery

Office790 Viner, R. M. and Taylor, B. (2007) Adult outcomes of binge drinking in adolescence:

findings from a UK national birth cohort, J Epidemiol Community Health 2007; 61

58

Drug treatment programmes in prison were associated with a 26% reduction in criminal behaviour.768

Longer-sentenced prisoners on an accredited programme to address offending behaviour and reduce drug or alcohol use were more likely to be in employment shortly after release—34% compared with 25% who were not.769

People receiving residential drug treatment are 43% less likely to reoffend on release than comparable people sent to prison.770

Men who return to live with their partners are less likely to relapse or reoffend.771 But the opposite is true for women—they are more likely to be in relationships with partners who use drugs, commit crime and trigger relapse and reoffending.772

AlcoholIn more than half (53%) of all violent crimes the victim believed the offender or offenders to be under the influence of alcohol.773

70% said they had been drinking when they committed the offence for which they were in prison. 38% of people surveyed in prison believed that their drinking was a big problem.774

Considerably higher proportions of women than men said they had a problem with alcohol (30% against 19%) on arrival into prison.775

Of prisoners who reported drinking in the last year, more men (87%) reported drinking alcohol in the four weeks before custody than women (75%).776

A third (32%) of those who reported drinking in the four weeks before custody, said they drank on a daily basis777—compared with 16% of men and 10% of women in the general population.778

prisoners, London: Ministry of Justice768 National Offender Management Service (2010) What works with offenders who misuse

drugs?, London: Ministry of Justice769 Table 4.9, Brunton-Smith, I. and Hopkins, K. (2014) The impact of experience in prison on

the employment status of longer-sentenced prisoners after release, London: Ministry of Justice

770 Matrix Knowledge Group (2007) The economic case for and against prison, London: Matrix Knowledge Group

771 Walitzer, K. and Dearing, R. (2006) Gender differences in alcohol and substance misuse relapse. Clinical Psychology Review, 26, cited in Light, M., et al. (2013) Gender differences in substance misuse and mental health amongst prisoners, London: Ministry of Justice

772 Hollin, C. R. and Palmer, E. J. (2006) Criminogenic need and women offenders: a critique of literature. Legal and Criminological Psychology, 11, and, Hser, Y. I., Huang, D., Teruya, C. and Anglin, M D. (2003) Gender comparisons of drug abuse treatment outcomes and predictors. Drug and Alcohol Dependence, 72(3), cited in Light, M., et al. (2013) Gender differences in substance misuse and mental health amongst prisoners, London: Ministry of Justice

773 Table 3.10, Office for National Statistics (2015) Crime Statistics, Focus on Violent Crime and Sexual Offences, 2013/14—Violence, London: Home Office

774 Alcohol and Crime Commission (2014) The Alcohol and Crime Commission Report, London: Addaction



777 Ibid.778 Ibid.


Housing15% of newly sentenced prisoners reported being homeless before custody—9% were sleeping rough.791

12% of prisoners depend on housing benefit to help with their rent before they enter custody.792

37% of prisoners said they needed help with their accommodation on release—only 22% reported getting it.793

11% of people released from custody in 2014–15 had no settled accommodation.794 However, inspectors have said that figures collated by prisons are “misleading” as “they do not take into account the suitability or sustainability of the accommodation.”795

One in five people (20%) said they had no accommodation to go to on release—15% reported being homeless shortly after release.796

791 Ministry of Justice (2012) Accommodation, homelessness and reoffending of prisoners, London: Ministry of Justice

792 Stewart, D. (2008) The problems and needs of newly sentenced prisoners: results from a national survey, London: Ministry of Justice


794 Table 15, Ministry of Justice (2014) NOMS Annual Report 2013/14: Management Information Addendum, London: Ministry of Justice

795 Criminal Justice Joint Inspection (2014) Resettlement provision for adult offenders: Accommodation and education, training and employment, London: HMIP


57% of people reported living with immediate family shortly after release.797

People who lived with family were less likely to reoffend within one year (48% compared with 61%).798

People reporting they would be homeless or living in temporary accommodation had a higher chance of reoffending. Two-thirds went on to reoffend, compared with around half (51%) who were not.799

60% of people said that having a place to live would help them stop reoffending.800

People who had been in their accommodation for less than a year were also more likely to be reconvicted than those who had been in their accommodation longer—52% compared to 43% in the first year and 67% compared to 57% in the second year after release.801

Nearly half (46%) of homeless people surveyed said they had been in prison or a young offender institution.802

797 Brunton-Smith, I and Hopkins, K (2014) The factors associated with proven re-offending following release from prison: findings from Waves 1 to 3 of SPCR, London: Ministry of Justice

798 Ibid.799 Ibid.800 Ministry of Justice (2012) Research Summary 3/12, Accommodation, homelessness and

reoffending of prisoners, London: Ministry of Justice801 Ibid.802 Fitzpatrick, S. et al. (2010) Multiple exclusion homelessness across the UK: A quantitative

survey, London: Heriot-Watt University

59

Entitlement to housing benefit stops for all sentenced prisoners expected to be in prison for more than 13 weeks. This means that many prisoners have very little chance of keeping their tenancy open until the end of their sentence and lose their housing.

Local authorities have a statutory duty to assist homeless and vulnerable ex-offenders in some circumstances. However, changes introduced by the Localism Act 2011 mean that authorities have more discretion to exclude certain applicants from their housing registers.

All people leaving prison are required to declare their criminal convictions, when asked, for a set period of time determined by the length of their sentence. Anyone who has served a sentence of more than four years has to declare this for the rest of their lives.

For many people, having a criminal conviction is a barrier to leading a successful law-abiding life on release. The Rehabilitation of Offenders Act 1974 gives people with spent convictions and cautions the legal right not to disclose them when applying for most jobs.

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 reformed the ROA 1974. Previously, only custodial sentences of up to 30 months were allowed to become ‘spent’ following a rehabilitation period, this is now up to four years. The length of time that fines, community orders and short custodial sentences become ‘spent’ was also significantly reduced.

An independent group was established to review the Rehabilitation of Offenders Act. Its 2002 report Breaking the Circle recommended that consideration be given to the development of criteria to identify young offenders convicted of minor and non-persistent crime so that their records may be wiped clean for the purposes of employment at age 18—however this was never developed further.

Housing and employment

60


A lack of accommodation can severely hinder former prisoners’ chances of finding employment. Almost a quarter of employers would not consider employing a homeless person.803

Getting people into stable housing can act as a gateway to effective resettlement. People who have accommodation arranged on release are four times more likely to have employment, education or training arranged than those who don’t.804

EmploymentA third (32%) of people reported being in paid employment in the four weeks before custody—13% reported never having had a job.805

Nearly two-fifths (37%) didn’t expect to return to their job upon release.806

People who reported being employed at some point in the year before custody were less likely to be reconvicted in the year after release than those who weren’t (40% compared with 65%).807

People who got P45 employment during the year after release were less likely to reoffend. Rates were 9% lower for those with sentences under a year, and 6% lower for those with longer sentences.808

803 Citizens Advice (2007) Locked Out: CAB evidence on prisoners and ex-offenders, London: Citizens Advice

804 Niven, S. and Stewart, D. (2005) Resettlement outcomes on release from prison, Home Office Findings 248, London: Home Office; Home Office (2001) Jobs and Homes - a survey of prisoners nearing release, Findings 173, London: Home Office


806 Ibid.807 Ministry of Justice (2012) The pre-custody employment, training and education status of

newly sentenced prisoners, London: Ministry of Justice808 Ministry of Justice (2013) Analysis of the impact of employment on re-offending following

release from custody, using propensity score matching, London: Ministry of Justice

Fewer than three in 10 people (29%) said they would have a job to go to on release.809

48% of prisoners reported needing help with finding a job on release, with 34% reporting needing a lot of help.810

Just over a quarter (27%) of people had a job on release from prison.811

However women are often inadequately prepared for release from prison. Just 8.5% of women leaving prison entered employment. For men the proportion was 26.2%.812

68% of prisoners thought that ‘having a job’ was important in stopping reoffending.813

Relatively few prisoners knew who to contact for help in finding a job. With the exception of open prisons, between 43% and 52% of prisoners believed they would have problems finding a job on release.814

Only 12% of employers surveyed said that they had employed somebody with a criminal record in the past three years.815

One in five employers (19%) said they excluded or were likely to exclude them from the recruitment process.816

Fewer fathers were employed on release (34%) compared to before prison (55%)—their income had also fallen by over £100 per week.817

Nearly 80% of people released from prison in 2010–11 made at least one benefit claim during that period. They were most likely to claim Jobseeker’s Allowance, with 62% making at least one claim at some point.818

Just 13% of people leaving prison and referred to the Work Programme have found a job which they have held for six months or more.819 Of these, more than one in five has subsequently gone back to Jobcentre Plus.820



811 Table 8, Ministry of Justice (2015) National Offender Management Service annual report 2014/15: Management Information Addendum, London: Ministry of Justice

812 Table 2, Ministry of Justice (2013) NOMS Offender equalities annual report 2012–13, London: Ministry of Justice



815 Chartered Institute of Personnel and Development (2010) Disadvantaged Groups in the Labour Market, London: CIPD

816 Ibid.817 Losel, F. et al. (2012) Risk and protective factors in the resettlement of imprisoned fathers

with their families, Cambridge: University of Cambridge and Ormiston818 Ministry of Justice (2014) Experimental statistics from the 2013 MoJ /DWP /HMRC data

share: Linking data on offenders with benefit, employment and income data, London: Ministry of Justice

819 Table 2.8, Department for Work and Pensions (2015) Work Programme official statistics to March 2015, London: DWP

820 Department for Work and Pensions Tabulation Tool, accessed on 29 April 2015, available

Not HomelessYear 1Year 2

HomelessYear 1Year 2

Source: MoJ Accommodation, homelessness and reoffending of prisoners

47%Reoffended

60%

79%Reoffended

84%

Homelessness significantly increases the risk of reoffending on release

61


Education and skills

Nearly half (47%) of prisoners report having no qualifications. This compares to 15% of the working age general population.821

One in five prisoners report needing help with reading and writing or numeracy. Around two in five need help with education and improving work-related skills.822

People in prison have similar levels of GCSE grades A–C to the general population—however this may be due to people undertaking education whilst in prison. Around 5% are educated to a level higher than A–levels, and approximately 3% have university degrees.823

42% of people in prison said they had been expelled or permanently excluded from school.824

Purposeful activity includes education, work and other activities to aid rehabilitation whilst in prison.

However, purposeful activity outcomes are at the lowest level inspectors have ever recorded—they were only good or reasonably good in around a quarter of prisons.825

Only 16 of the 42 men’s prisons inspected in 2014–15 had sufficient activity places for their population. Those that were available were often badly used due to a combination of staff shortages, poor allocation processes and the failure of staff to challenge non-attendance.826

Ofsted inspectors found improved teaching, learning and assessment in every type of education provider, apart from in prisons, in the 2013–14 academic year.827

Offenders’ Learning and Skills ServiceThe total Offenders’ Learning and Skills Service (OLASS) budget for prisons in England in 2014–15 was £145.7m—this includes £14m for the National Careers Service.828

95,300 people began an OLASS funded course whilst in prison during 2013–14. 79,700 achieved at least one qualification—17% higher than the year before.829

at http://tabulation-tool.dwp.gov.uk/WorkProg/wp_cuml_jo/payment_group/completed/a_cnjo_r_payment_group_c_completed_mar15.html


822 Ibid.823 Ibid.824 Ministry of Justice (2010) Compendium of reoffending statistics and analysis, London:

Ministry of Justice825 HM Chief Inspector of Prisons (2015) Annual Report 2014–15, London: The Stationery

Office826 Ibid.827 Ofsted (2014) The report of Her Majesty’s Chief Inspector of Education, Children’s

Services and Skills 2013/14 Further education and skills, London: Ofsted828 Department for Business, Innovation and Skills (2015) Freedom of Information request:

Prisoner education, 24 February 2015, London: BIS829 Table 7.1 and 7.2, Skills Funding Agency (2015) Further education and skills: learner

The government has introduced mandatory assessment of maths and English attainment for all prisoners entering prison.830

Nearly a third (31%) of people who were assessed said they had a learning difficulty or disability in the first nine months of the 2014–15 academic year.831

The number of people achieving an entry level English or Maths qualification in prison increased by 52% and 22% respectively between the 2011–12 and 2013–14 academic years.832

However, the number of people achieving level 1 or 2 qualifications (GCSE level) during the same period has plummeted—falling by 39% in English and 33% in Maths.833

Only 600 people achieved a level 3 qualification (AS and A Level) in the 2013–14 academic year, just over half the number the year before.834

Prisoners are now required to take out, and then repay, Tuition Fee loans if they want to take part in Higher Education courses.835 People aged over 24 also no longer have access to free education at level 3 or above.

Lifers serve many years before becoming eligible to take out a loan. Prisoners are only eligible to take out a loan if their earliest release date is within six years of the start of their course, with the sentence tariff determining that point for lifers.836

Many people are studying for qualifications below what they already have. 43% of prisoners with a previous degree and 41% of prisoners with A–levels took level 1 qualifications whilst there, whilst 70% with a previous degree and 68% with A–levels took qualifications at level 2.837

The number of prisoners studying for an Open University degree has fallen by 37% since 2010.838

participation, outcomes and level of highest qualification data tables, London: SFA830 National Offender Management Service (2014) Annual Report and Accounts 2013/14,

London: Ministry of Justice and HC Hansard, 6 May 2014, c84W831 Skills Funding Agency (2015) OLASS English and maths assessments: participation

2014/15, London: SFA832 Skills Funding Agency (2015) OLASS: participation and achievement by equality and

diversity & English and maths Level: 2010/11 to 2013/14, London: SFA833 Ibid.834 Table 7.2, Skills Funding Agency (2015) Further education and skills: learner participation,

outcomes and level of highest qualification data tables, London: SFA835 Department for Business, Innovation and Skills (2015) Freedom of Information request:

Prisoner education, 24 February 2015, London: BIS836 HM Prison Service (2012) PSI 32/2012 Open University, Higher Education and Distance

Learning, London: Ministry of Justice837 Taylor, C (2014) Brain Cells: Third Edition, Surrey: Prisoners’ Education Trust838 Allison, E. and Sloan, A. (2015), Prison education still at the back of the class, as

Gove takes new course, Guardian online, available at http://www.theguardian.com/education/2015/aug/04/michael-gove-prison-education-justice-secretary-jail

62


More than half (53%) of prisons reported on in 2013–14 were judged as requiring improvement or inadequate for leadership and management of learning and skills and work activities. In these prisons, education and training had little impact on supporting prisoners’ progression to sustained employment or training on release.839

Ofsted found that “very few prisoners are getting the opportunity to develop the skills and behaviours they need for work.”840

Ofsted said “the most effective provision was vocational training where the prison worked in close partnership with employers.”841

Inspectors have raised concerns that opportunities for life sentenced prisoners have significantly reduced—with an emphasis on providing vocational training within the last two years of any sentence.842

Over 100 prisons in England & Wales have Virtual Campus, a secure IT platform which provides education, training and employment resources to people in prison.843 However, most people surveyed said that access and support was poor; 83% said it is not easily accessible within their prison and 87% said that prison staff did not support and encourage prisoners to use it.844

Nearly three–quarters (74%) of prison governors and managers surveyed agreed that prisoners should have access to the internet.845

72% of prisoners surveyed said that their learning would’ve been easier with better access to a computer for word processing. 71% said that access to e-learning for online courses and resources would have helped.846

OutcomesReoffending rates are higher for people expelled or permanently excluded from school—with 63% reconvicted within a year compared with 44% for those who weren’t.847

People are less likely to reoffend if they have a qualification—45% were reconvicted within a year compared with 60% with no qualifications.848

839 Ofsted (2014) The report of Her Majesty’s Chief Inspector of Education, Children’s Services and Skills 2013/14 Further education and skills, London: Ofsted

840 Ofsted (2013) The report of Her Majesty’s Chief Inspector of Education, Children’s Services and Skills: Further education and Skills 2012/13, London: Ofsted

841 Ibid.842 Criminal Justice Joint Inspection (2013) A Joint Inspection of Life Sentenced Prisoners,

London: HM Inspectorate of Probation843 Champion, N. and Edgar, K. (2013) Through the Gateway: How computers can transform

rehabilitation, London: Prison Reform Trust844 Taylor, C (2014) Brain Cells: Third Edition, Surrey: Prisoners’ Education Trust845 Champion, N. and Edgar, K. (2013) Through the Gateway: How computers can transform

rehabilitation, London: Prison Reform Trust.846 Taylor, C (2014) Brain Cells: Third Edition, Surrey: Prisoners’ Education Trust847 Ministry of Justice (2010) Compendium of reoffending statistics and analysis, London:

Ministry of Justice848 Ministry of Justice (2012) The pre-custody employment, training and education status of

Prisoners’ Education Trust provide grants to fund educational courses or learning materials. The Ministry of Justice found that one year reoffending rates were a quarter lower (six to eight percentage points) for people who were awarded grants than those in a matched group who did not.849

People who had vocational training in prison were more likely to get a job shortly after release.850

Fewer than one in six people (16%) released from prison went into education and training.851

Children and young adultsThe educational background of children in custody is poor—almost nine out of 10 boys (88%) said they had been excluded from school.852

Almost two-fifths (38%) of children in custody said that they were aged 14 or younger when they were last at school.853

New education contracts in YOIs began in March 2015 with the aim of providing 30 hours of education per week.854 The government acknowledged in 2013 that they spend on average just 12 hours a week in education.855

75% of boys said they were taking part in education, 30% a job, 20% said they were in offending behaviour programmes and 14% that they were taking part in vocational or skills training.856

21% of children in custody surveyed for the Youth Justice Board reported that they had learning difficulties.857

newly sentenced prisoners, London: Ministry of Justice849 Ministry of Justice (2013) Justice Data Lab Re‐offending Analysis: Prisoners’ Education

Trust, London: Ministry of Justice850 Brunton-Smith, I. and Hopkins, K (2014) The impact of experience in prison on the

employment status of longer-sentenced prisoners after release, London: Ministry of Justice

851 Table 11, Ministry of Justice (2015) National Offender Management Service annual report 2014-15: Management information addendum, London: Ministry of Justice


853 Ibid.854 Youth Justice Board (2015) Annual Report and Accounts 2015/15, London: Youth Justice

Board855 Hansard HL, 10 December 2013, 110WA and Ministry of Justice website, accessed on 26

August 2014, https://www.gov.uk/government/news/young-criminals-must-be-punished-but-education-is-the-cure


857 Gyateng, T., et al. (2013) Young People and the Secure Estate: Needs and Interventions, London: Youth Justice Board

63


In prisonA Cabinet Office study found that 28% of women offenders’ crimes were financially motivated, compared to 20% of men’s.858

Although less than a third of prisoners were unsure about managing their money, more than half were unsure, or very unsure, about dealing with banks.859

A third of prisoners reported that they did not have a bank account; of whom 31% had never had one.860

UNLOCK has helped to set up 74 prison banking programmes, with 114 prisons having links with a high-street bank.861

Almost three-quarters (72%) of people interviewed said they had not been asked about their finances whilst in prison.862

Only 5% of people said they had been asked how their families would cope financially while in prison.863

858 Cabinet Office Social Exclusion Task Force (2009) Short Study on Women Offenders, London: Cabinet Office

859 Bath, C. and Edgar, K. (2010) Time is Money: Financial responsibility after prison, London: Prison Reform Trust

860 Ibid.861 UNLOCK (2014) Unlocking Banking: Developing effective, efficient & secure access to

banking for people in prison before release, Kent: Unlock862 Bath, C. and Edgar, K. (2010) Time is Money: Financial responsibility after prison, London:

Prison Reform Trust863 Ibid.

Two-thirds of families said their debts had increased since the imprisonment of their relative. The same proportion of former prisoners felt that their debts had worsened during their sentence.864

More than half of people in prison said that they had been rejected for a bank loan and 8% said they had tried to borrow from a loan shark (a rate over 10 times higher than the average UK household).865

On releaseAlmost three-quarters of prisoners surveyed said finance, benefits and debt were a very significant need on release—second only to accommodation.866

Main debts included social fund loans, court fines, debts to families and friends, catalogue or mobile phone companies, and rent. Debts were often made worse by time in prison, for example when direct debits were not stopped or when tenancies were not closed.867

Between one-fifth and one-third of prisoners surveyed by inspectors believed they would experience difficulties with their finances and claiming benefits after release.868

864 Ibid.865 Ibid.866 Figure C.5, Meadows, L. et al (2010) Investigating the Prisoner Finance Gap across four

prisons in the North East, London: DWP867 Ibid.868 HM Chief Inspector of Prisons (2011) Annual Report 2010-11, London: The Stationery

Office

In order to develop skills and prepare people for their release, a few prisoners are employed in industrial workshops across the prison estate, engaged in a wide range of activity from printing to commercial laundry, textile production, manufacturing and distribution. Some prisoners are also employed in support of the prison, including in the kitchens and doing domestic work.

Some prisoners, subject to a full risk assessment, are able to prepare for their release by going to work or volunteer in the community whilst on release on temporary licence. The Prisoners’ Earnings Act 1996 enables prison governors to impose a levy of up to 40% on wages over £20 per week (after tax, national insurance, any court ordered payments and any child support payments) of prisoners working in the community. Amounts raised by the levy are currently directed to Victim Support.

Some organisations provide training and apprenticeship opportunities to people in prison which aim to give them real work experience and skills to assist them in getting a job on release.

In 2011 the Prison Reform Trust published Time Well Spent, which examined what opportunities were already available and what else could be done to enable prisoners to take greater responsibility whilst in prison. It concluded that there was considerable scope to develop more opportunities for peer-support.

This includes acting as prisoner representatives; helping people to learn to read and write; listening and providing support to people who are struggling in prison; and helping with accommodation and resettlement needs. These types of active citizenship allow people in prison to take greater responsibility and learn new skills which will assist them on release.

Financial exclusion

64


The discharge grant has remained fixed at £46 since 1997. Thousands of prisoners are ineligible, including those released from remand, fine defaulters and people serving less than 15 days.869

Just over a quarter (27%) of people had a job on release from prison.870 All prison leavers claiming jobseeker’s allowance (JSA) must be referred to the Work Programme. Prisoners are entitled to submit a claim for JSA up to five weeks before release.

Just 8.5% of women leaving prison entered employment. For men the proportion was 26.2%.871

42% of people are still claiming benefits two years after release.872

Almost two-thirds of prisoners surveyed (64%) said they had claimed benefits in the 12 months before they went to prison. They were more likely to be reconvicted (58%) than those who hadn’t (41%).873

869 National Offender Management Service (2011) Prison Service Instruction 72/2011 Discharge, Annex B, London: NOMS

870 Table 8, Ministry of Justice (2015) National Offender Management Service annual report 2014/15: Management Information Addendum, London: Ministry of Justice

871 Table 2, Ministry of Justice (2013) NOMS Offender equalities annual report 2012–13, London: Ministry of Justice

872 Ministry of Justice (2014) Experimental statistics from the 2013 MoJ /DWP /HMRC data share: Linking data on offenders with benefit, employment and income data, London: Ministry of Justice

873 Ministry of Justice (2010) Compendium of reoffending statistics and analysis, London: Ministry of Justice

Non-disclosure of an unspent criminal conviction when applying for insurance is illegal—doing so will invalidate a policy and can lead to prosecution.874

More than four in five former prisoners surveyed said their conviction made it harder to get insurance. When they did get insurance, four-fifths said they were charged more.875

The inability to obtain insurance can prevent people getting mortgages and many forms of employment or self-employment.876

874 UNLOCK (2008) Unlocking Insurance, issues and evidence, Kent: UNLOCK. See also, Bath, C. (2008) Time served: unlocking insurance to help reintegrate offenders into society, The Chartered Insurance Institute

875 Bath, C. and Edgar, K. (2010) Time is Money: Financial responsibility after prison, London: Prison Reform Trust

876 Ibid.

65


Prison work and peer-support

Purposeful activity outcomes are currently at the lowest level inspectors have ever recorded—they were only good or reasonably good in around a quarter of prisons.877

“One in five prisoners told us that they spent less than two hours a day out of their cells during the week and only one in seven said they spent 10 hours or more out of their cell each day. We found a number of prisons where 50% of prisoners were locked in their cells during the working day.”878

EmploymentAround 8,700 prisoners are working across the public prison estate. In 2014–15 they worked a total of 12.4 million hours, an increase from 12.2 million hours the year before.879

A further 2,700 prisoners are working in the private prison estate. In 2014–15 they worked a total of 2.5 million hours.880

The National Offender Management Service aims to increase the number of employed prisoners to at least 18,000 by 2021.881 Even at that higher number, only around 20% of the prison population would be employed.

A Ministry of Justice survey of prisoners found that only 53% reported having had paid work in prison. Nearly one in three worked as cleaners.882

During 2014–15, there were a total of 1,273 people, on average 368 per month, working out of the prison on licence and subject to the Prisoners’ Earnings Act levy.883

People subject to the levy paid on average £246 per month—the equivalent of nearly 30% of net earnings.884

Prisoners contributed £1.1m during 2014–15 and have raised over £3.3m since it’s introduction. People earned £591 per month on average after deduction of the levy.885


878 Ibid.879 Table 17, Ministry of Justice (2015) National Offender Management Service annual report

2014/15: Management information addendum, London: Ministry of Justice880 Table 18, Ibid.881 Ministry of Justice (2012) National Offender Management Service Annual Report 2011/12:

Management Information Addendum, London: Ministry of Justice882 Hopkins, K., and Brunton-Smith, I. (2014) Prisoners’ experience of prison and outcomes

on release: Waves 2 and 3 of SPCR, London: Ministry of Justice883 Table 19 and 20, Ministry of Justice (2015) National Offender Management Service annual

report 2014/15: Management information addendum, London: Ministry of Justice884 Ibid.885 Ibid.

A one-off survey of prisoner pay was conducted in 2007 and found that the average rate of pay for activity inside prisons was £9.60 per week.886 The government does not record average earnings of people in prison centrally.887

TrainingNational Grid offender training and employment programme works with people coming to the end of their sentences and provides training and a job on release for those selected. The Programme is linked with over 20 prisons and over 2,000 prisoners have completed the scheme which has a reoffending rate of less than 7%.888

Timpson actively recruit ex-offenders to work for them. It has set up a full-time training facility at HMP Liverpool and the women’s prison HMP New Hall. It runs a scheme at Forest Bank for shoe repairs and Thorn Cross for DVD transfers. It also employs prisoners on release on temporary licence (ROTL) who work in the day and return to prison in the evening.889

The Clink Charity operates restaurants, which are open to the public, at HMPs High Down, Cardiff, Brixton, and the women’s prison HMP Styal, in partnership with the prison service. It offers prisoners the chance to gain experience and qualifications in the food and hospitality industry, with mentoring and guidance to find full-time employment, and provide resettlement support upon release. It aims to have 10 training facilities and projects in operation across the prison estate by the end of 2017.890

Lendlease, through their charitable trust Be Onsite, work with London prisons to provide training and employment opportunities in the construction industry. Be Onsite works with people whilst on ROTL and after completing their prison sentence. People are employed directly by Be Onsite in order to help overcome the difficulty that many construction workers are self employed.

Halfords, in response to the increasing popularity of cycling has opened a bike repair workshop at HMP Onley. The workshop provides training to prisoners before they can progress to ROTL with the aim of full time employment on release. This has proved sufficiently successful that there are plans to open a second workshop at HMP Drake Hall.

886 Hansard HC, 21 November 2011, c175W887 Hansard HC, 7 May 2014, c205W888 National Grid website, accessed on 2 September 2015, http://www2.nationalgrid.com/UK/

Young-Offender-Programme/889 Inside Time, December 2012, available at http://www.insidetime.co.uk/backissues/

December%202012.pdf890 The Clink Charity website, accessed on 2 September 2015, http://theclinkcharity.org/

66


Peer-supportThere has been an increase in the use of peer mentors during 2014–15. Inspectors noted “Prisoners often prefer support from their peers to other formal or professional sources of support, and peers are often easier to access, making them a more readily available source of support.”891

A 2011 study found that nearly all prisons surveyed (96%) had prisoner diversity representatives, most of whom contribute directly to staff meetings.892

The same study found that 84% of prisons have prison-wide consultations in the form of committees or a prison council.893

St Giles Trust offers training and a recognised qualification to prisoners who deliver housing advice in a number of prisons. 246 people started to train as peer advisors, and 1,302 people were supported on release from prisons in 2014.894

The Toe by Toe reading plan run by the Shannon Trust enable prisoners to act as peer mentors to support other prisoners who are learning to read. 85% of learners surveyed felt their reading skills were improving.895


892 Clinks (2011) Service User Involvement: A Review of service user involvement in prisons and probation trusts, London: Clinks

893 Ibid.894 St Giles Trust (2015) Impact report 2014, London: St Giles Trust895 Shannon Trust website, accessed on 13 May 2015, http://www.shannontrust.org.uk/our-

work/our-achievements/

47% of male local prisons and 75% of open prisons surveyed said they provide opportunities for peer drug support. Only one of the seven prisons for women which responded said they provided this.896

The Samaritans’ Listener Scheme is active in almost every prison across the UK. In 2014 there were around 1,600 active Listeners in place. Listeners play an invaluable role in making prisons safer by being there for other prisoners who might be struggling to cope; helping them to talk about their worries and try to find a positive way forward. Listeners were contacted more than 86,000 times during 2014.897

In 2011 there were at least 245 voluntary and community sector organisations, social enterprises and charities which support the rehabilitation of offenders in prisons, and 79 private sector organisations supporting rehabilitation activities in prison.898

896 Clinks (2011) Service User Involvement: A Review of service user involvement in prisons and probation trusts, London: Clinks

897 Statistics provided by Samaritans898 Hansard HC, 4 July 2011 c1021W

67


Ministry of Justice compliance

In March 2004 in a case brought by life sentenced prisoner, John Hirst, the European Court of Human Rights (ECtHR) ruled that the ban on sentenced prisoners voting violated Article Three of the European Convention on Human Rights. Following an appeal by the UK Government in 2005, the Grand Chamber of the ECtHR ruled that there had been a violation of Article 3 of Protocol No. 1. The Prison Reform Trust lodged several formal complaints with the Council of Europe about the UK Government’s non-compliance with these rulings.

The cross-party Voting Eligibility (Prisoners) Draft Bill Committee’s final report recommended prisoners serving sentences of less than 12 months and those in the last six months of their sentence should be allowed to take part in elections. Despite a commitment by the government to respond in early 2014, no response was published.899

On 12 August 2014, the ECtHR in the case of Firth and Others v. the UK upheld its earlier ruling that a blanket ban was in breach of their human rights. The Court did not however award compensation.900

Prisoners with learning disabilities and difficulties are discriminated against personally, systemically and routinely as they enter and travel through the criminal justice system.901

Criminal justice staff and those responsible for providing services are failing in their duty to promote equality of opportunity and to eliminate discrimination. As such they are not complying with the requirements of the Disability Discrimination Act and the Disability Equality Duty in particular.

On 1 September 2011 the Corporate Manslaughter and Corporate Homicide Act was extended to include prisoners. The Act set out a new offence for convicting an organisation where a gross failure in the way activities were managed or organised results in a person’s death in custody.

In 2012 a total of 7,301 mobile phones or SIM cards were found in prisons and sent to the Ministry of Justice Central Interrogation Unit.902

899 Joint Committee on the Draft Voting Eligibility (Prisoners) Bill (2013) Draft Voting Eligibility (Prisoners) Bill Report, London: The Stationery Office and ‘Prisoners serving less than a year should get the vote’, BBC News Online, 18 December 2013

900 European Court of Human Rights (2014), accessed on 16 October 2014, http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-146101

901 Loucks, N. (2007) No One Knows: Offenders with Learning Difficulties and Learning Disabilities. Review of prevalence and associated needs, London: Prison Reform Trust, and Jacobson, J. (2008) No One Knows: Police responses to suspects with learning disabilities and learning difficulties: a review of policy and practice, London: Prison Reform Trust

902 Ministry of Justice, Freedom of Information request 89962 available at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/329255/recording-incidents-mobile-phones.doc

In 2014–15 there were no escapes from prison and just one escape from a prisoner escort.903

There were 181 absconds from prison in 2014–15.904 Numbers have fallen significantly from 1,300 in 2003–04.905

903 Table 1, Ministry of Justice (2015) National Offender Management Service annual report 2014/15: Management information addendum, London: Ministry of Justice

904 Table 3, Ibid.905 Ministry of Justice (2014) Prison and Probation Trusts performance statistics 2013-14:

Prison performance digest 2013-14, London: Ministry of Justice

0

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More people absconding?They’re at a near record low

Source: NOMS prison performance statistics 2014–15

68


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69


Private prisons

The UK has the most privatised prison system in Europe. In England and Wales there were 15,446 prisoners (18% of the prisoner population) held in private prisons as at 25 September 2015.906

There are a total of 14 private prisons in England and Wales.907

ContractsIn 2012–13 the government spent £428m on privately run prisons.908

Private prison contracts are currently shared between just three companies

Provider Prison

G4S Altcourse, Birmingham, Oakwood, Parc, and Rye Hill

Serco Ashfield, Doncaster, Dovegate, Lowdham Grange, and Thameside

Sodexo Bronzefield, Forest Bank, Northumberland and Peterborough

In England and Wales 10 prisons are currently financed, designed, built and operated by the private sector on contracts of 25 years or more. Contracts for Doncaster, Birmingham, Oakwood and Northumberland are for 15 years each.909

In 2011, HMP Birmingham became the first existing publicly run prison to be contracted out to the private sector. The value over the 15 year life of the contract is £453m.910

The management of HMP Wolds transferred from G4S to the prison service in 2013. Wolds had been privately run since opening in 1992.911

Sodexo has run HMP Northumberland since December 2013.912 The prison is run under a management contract valued at £250m.913

The government has estimated that the privatisation of HMPs Birmingham and Oakwood will deliver savings of £36m over the comprehensive spending review period (2011–2015).914

906 Ministry of Justice (2015) Prison Population Monthly Bulletin September 2015, London: Ministry of Justice

907 National Offender Management Service (2015) Prison and probation performance statistics 2014 to 2015, Management information addendum dataset, London: Ministry of Justice

908 Whitehead, S. (2014) Justice for sale - the privatisation of offender management services, London: TUC

909 Hansard HC, 4 December 2013, c719W910 Hansard HC, 4 December 2013, c719W911 Ibid.912 HM Prison Service website, accessed on 3 September 2014, http://www.justice.gov.uk/

contacts/prison-finder/northumberland913 Contracts Finder website, accessed on 3 September 2014, http://bit.ly/1xaG1lj914 Hansard HC, 17 October 2011, c668W (Note: HMP Oakwood was originally named

Featherstone II)

Serco is forecasting a potential loss of £18.8m following the re-role of HMP Ashfield, from a Young Offender Institution to an adult male prison for sex offenders. Serco is in dispute with the Ministry of Justice over revised payment levels.915

The National Offender Management Service (NOMS) hopes to deliver ongoing annual savings of £306m (15%) in public sector prisons through contracting works and facilities management services in public prisons.916 Five year contracts totalling nearly £470m have been awarded to Carillion and Amey.917

CostsIn 2013–14 the overall resource expenditure of private prisons was £493.5m, £66m more than the year before.918

Prison Overall resource expenditure (£m) Cost per place (£)

Altcourse 48.6 61,270Ashfield 23.7 57,594Birmingham 35.8 32,719Bronzefield 32 60,802Doncaster 24.4 33,095Dovegate 40.8 38,315Lowdham Grange 31 34,457Northumberland* 29.1 32,201Oakwood 30.1 18,762Parc 62.2 53,122Peterborough 37.6 44,725Rye Hill 22 36,526Thameside 35 58,296Total 493.5* Northumberland became a private prison in December 2013, therefore only four months of expenditure was as a private prison.

Between February and June 2014, the Ministry of Justice purchased 412 additional prison places at private prisons at a total cost of £2,146,841.919

915 Serco (2015) Annual report and accounts 2014, Hook: Serco916 National Offender Management Service (2014) Business Plan 2014-2015, London: Ministry

of Justice917 Gov.uk Contract finder website, accessed on 16 September 2015, available at

https://www.contractsfinder.service.gov.uk/Search918 Table 3, Ministry of Justice (2014) Costs per place and cost per prisoner by individual

prison, London: Ministry of Justice and Table 3, Ministry of Justice (2013) Costs per place and cost per prisoner by individual prison establishment 2012-13, London: Ministry of Justice Note: The unit costs of private and public prisons are not directly comparable because of different methods of financing and scope.

919 Hansard HC, 1 September 2014, c178W

70


PerformanceNational Offender Management System prison ratings 2014–15920

Prison RatingAltcourse 3Ashfield 4Birmingham 3Bronzefield 3Doncaster 2Dovegate 2Forest Bank 4Lowdham Grange 3Northumberland 3Oakwood 3Parc 4Peterborough (Female) 3Peterborough (Male) 3Rye Hill 3Thameside 3

Rating 4 = Exceptional performance Rating 3 = Meeting the majority of targets Rating 2 = Overall performance is of concern

As of September 2015, HMP Doncaster was overcrowded by 42%—the most overcrowded privately-run prison.921

Overcrowded privately run prisonsPrison % Overcrowded

Doncaster 42%Forest Bank 37%Birmingham 33%Altcourse 30%Thameside 27%Peterborough 8%Parc 6%Dovegate 3%Rye Hill 3%Lowdham Grange 2%

Private prisons held a higher percentage of their prisoners in overcrowded accommodation than public sector prisons every year for the past 17 years. Over a third of people in private prisons were held in overcrowded accommodation in 2014–15.922

920 National Offender Management Service (2015) Prison annual performance ratings 2014/15, London: Ministry of Justice

921 Ministry of Justice (2014) Prison Population Monthly Bulletin September 2015, London: Ministry of Justice

922 Ministry of Justice (2015) Prison and probation performance statistics 2014/15: Prison performance digest, London: Ministry of Justice

The government has initiated pilot programmes at Peterborough and Doncaster prisons to reduce reoffending. Under the programme, investors will see a return on their investment according to their results.

Analysis from the first cohort of the Peterborough pilot found that there had been an 8.39% reduction in the frequency of further offending against the target for the whole pilot of 7.5%. Final figures from cohort 2 (which will determine whether payment can be made under the payment by results mechanism) will not be available until next year.923

Latest interim figures show that there has been virtually no change in the frequency of offending. There are an average of 83 reconvictions per 100 offenders compared to a national rate of 85 reconvictions.924

The Doncaster pilot could also miss its target. Latest interim figures show that the reoffending rate rose by nearly 3% on the previous year and was higher than the national comparison.925

Private prisons tend to be larger than those in the public sector. The average capacity of a privately managed prison is 1,045 people compared to an average capacity of 706 across public prisons in England and Wales.926

Of the 10 largest prisons in England and Wales, five are privately run.927

Work to develop a new 2,100 place prison in Wrexham, North Wales has also begun and is scheduled to be fully operational by late 2017.928 It is expected to cost £212m to build and will be the largest prison in the UK.929

Inspectors were extremely critical of the performance of newest 1,600 place private prison HMP Oakwood following its first inspection, which “resulted in unacceptable risks and very poor outcomes for the prisoners held at that time”. Inspectors believe that the prison has turned a corner following their significant criticism, but that there remained much to do.930 923 Jolliffe, D and Hedderman, C. (2014) Peterborough Social Impact Bond: Final Report on

Cohort 1 Analysis, Leicester: University of Leicester924 Table 1, Ministry of Justice (2015) Proven reoffending statistics quarterly: October 2012 to

September 2013, Interim reconviction figures for Peterborough Payment by Results pilots, London: Ministry of Justice

925 Table 2, Ministry of Justice (2015) Proven reoffending statistics: July 2012 to June 2013, Interim re-conviction figures for Peterborough and Doncaster Payment by Results pilots, London: Ministry of Justice

926 Whitehead, S. (2014) Justice for sale—The privatisation of offender management services, London: TUC

927 National Offender Management Service (2014) Population Bulletin – Monthly July 2014, London: Ministry of Justice

928 National Offender Management Service (2014) Annual Report and Accounts 2013/14, London: Ministry of Justice

929 Croasdale, C. (2014) Category B inmates at Wrexham prison can’t be ruled out, NewsNorthWales, available at http://www.newsnorthwales.co.uk/news/134265/category-b-inmates-at-wrexham-prison-can-t-be-ruled-out.aspx

930 HM Inspectorate of Prisons (2015) Report on an announced inspection of HMP Oakwood, London: HMIP

71


Court Orders (Community Orders and Suspended Sentence Orders) are more effective (by nearly seven percentage points) at reducing one-year proven reoffending rates than custodial sentences of less than 12 months for similar offenders.931

The cost of six-weeks in prison is, on average, £4,500 and during that time many people undertake no education or rehabilitative work. The cost of a high-intensity two-year community order, containing 80 hours of unpaid work and mandatory accredited programmes was £4,200. Shorter community sentences cost much less.932

However, use of community sentences has nearly halved (46%) since 2006.933

But use of suspended sentences has increased year on year since 2005—with over 53,500 people sentenced in the 12 months to March 2015.934

The average length of a Community Order is 14.6 months, and 18.1 months for a Suspended Sentence Order. The two most frequently used requirements are unpaid work and supervision, accounting for 29% and 10% of Community Orders respectively, and 21% and 10% of Suspended Sentence Orders.935

931 Table A1, Ministry of Justice (2013) 2013 Compendium of reoffending statistics and analysis, London: Ministry of Justice

932 National Audit Office (2010) Managing offenders on short custodial sentences, London: National Audit Office



935 Table A4.14 and A4.10, Ministry of Justice (2015) Offender management statistics, Probation 2014 annual tables, London: Ministry of Justice

Nearly half of Community Orders had one requirement (49%), and over a third (35%) had two.936

The majority of Suspended Sentence Orders had two requirements (42%), and 38% had one.937

78% of unpaid work requirements were successfully completed from April to December 2014—the highest proportion to date.938

A higher proportion of women than men completed their community sentence successfully or had it terminated for good progress. 71% of community orders and 73% of suspended sentence orders by women were successful compared with 67% of orders for men.939

Use of mental health treatment requirements (MHTR) continues to be low. 960 requirements were issued during 2014, accounting for less than 0.4% of all community sentence requirements.940

There have been a number of barriers to its effective use, including uncertainty as to who should receive an MHTR, how breaches of the order are managed and the need for a formal psychiatric report.941

936 Table A4.8, Ibid.937 Ibid.938 Ministry of Justice (2015) National Offender Management Service annual report 2014/15:

Management information addendum, London: Ministry of Justice939 Table A4.23, Ministry of Justice (2015) Offender management statistics, Probation 2014

annual tables, London: Ministry of Justice940 Table A4.9, Ibid.941 Scott, G. and Moffatt, S. (2012) The Mental Health Treatment Requirement: Realising a

better future, London: Centre for Mental Health

The government is currently taking forward the most significant changes to the probation service since the establishment of probation committees under the 1925 Criminal Justice Act. The Transforming Rehabilitation reforms have created a new National Probation Service (NPS), which sits within the National Offender Management Service (NOMS), and awarded contracts for 21 Community Rehabilitation Companies (CRCs) to a range of providers from the private, voluntary and social sectors.

The Crime and Courts Act 2013 introduced a new mandatory punitive element for all community sentences, unless there are exceptional circumstances. This is despite Ministry of Justice research showing that adding a punitive requirement to a supervision requirement had no impact on the reoffending rate when this was measured over a period of two years.

A suspended prison sentence is carried out in the community. People are required to meet certain conditions during the life of the order and can be sent to prison if they break them. The Criminal Justice Act 2003 and Legal Aid, Sentencing and Punishment of Offenders Act 2012 has made Suspended Sentence Orders more readily available, with custodial sentences of up to two years being able to be suspended.

Out of court disposals are also available for low level offending and people with limited or no previous convictions. They require an admission of guilt and give police an effective means of holding a person to account for their actions when they have broken the law, providing an opportunity to divert them away from future crime and offending.

Community solutions

72


Recently, improvements have been made—particularly at liaison and diversion service trial sites. In Milton Keynes only one MHTR was made in 2012–13, however since the launch of the trial in April 2014, 110 have been made.

Some estimates show that at least 39% of offenders supervised by probation services have mental health problems, and that around 60% have substance abuse problems.942

Nearly all of those surveyed (96%) agreed that they had tried hard to do all the things in their Community Order. 77% agreed that the Community Order made them less likely to commit crime, and 64% agreed that it had given them an opportunity to give something back to society.943

942 Brooker, C. et al. (2012) Probation and mental illness. Journal of Forensic Psychiatry and Psychology, 23(4): 522-537

943 Ministry of Justice (2013) Results from the Offender Management Community Cohort Study: Assessment and sentence planning, London: Ministry of Justice

83% of offenders who said staff had involved them in deciding the aims of the plan agreed that the Community Order made them less likely to reoffend. The equivalent figure for those who said they were not involved was 65%.944

When people serving community sentences were asked what would help them stop offending, 62% said having a job, and 50% said having a place to live.945

Use of out of court disposals has dropped by 61% since 2007.946

Reoffending rates for adults given a caution remains low, with only 17% reoffending within 12 months.947

944 Ibid.945 Table 4.6, Ibid.946 Ministry of Justice (2015) Criminal justice statistics quarterly March 2015, London: Ministry

of Justice947 Table 16a, Ministry of Justice (2015) Proven reoffending statistics: October 2012 to

September 2013, London: Ministry of Justice

73


The government funded a £7m seven year research programme into restorative justice.

85% of victims and 80% of offenders surveyed were either ‘very’ or ‘quite’ satisfied with their restorative conference.948

27% fewer crimes were committed by those who had experienced restorative conferencing, compared with those who had not.949

98% of conferences ended with the participants reaching an agreement—this was usually focused on what the offender would do next to repair the harm, address their problems and reorientate their life away from crime.950

Victim satisfaction levels were higher for those who met face-to-face, rather than through an intermediary.951

Restorative justice approaches are cost-effective. As a result of reductions in the frequency of offending restorative justice projects saved nine times what they cost to deliver.952

Guidelines for the use of restorative justice state: “Victim-offender conferencing is likely to deliver the best outcomes when targeted to those who have committed violence or 948 Shapland, J et al (2007) Restorative Justice: the views of victims. The third report from the

evaluation of three schemes, Ministry of Justice Research Series 3/07, London: Ministry of Justice

949 Restorative Justice Council (2011) What does the Ministry of Justice RJ research tell us? London: RJC

950 Shapland, J et al (2007) Restorative Justice: the views of victims. The third report from the evaluation of three schemes. Ministry of Justice Research Series 3/07. London: Ministry of Justice

951 Ibid.952 Ibid.

acquisitive offences, where there is a clear victim, and where the offender is medium or high likelihood of reoffending”.953

Another evaluation found that young girls involved in a final warning restorative scheme were significantly less likely to reoffend than the control group (118 fewer arrests per 100 offenders compared to 47 fewer for the control group).954

Northern Ireland’s well established Youth Conference Service has a significant proportion of victims taking part in conferences, with 90–100% expressing satisfaction with the outcome.955 In 2012–13 the one year reoffending rate for a diversionary youth conference plan was 35%—community disposals such as youth conference order had a reoffending rate of 56%, and 62% for a supervision order.956

93% of agreed youth conference plans were successfully completed between 2008–09 and 2011–12 on average—77% of all referrals received result in a completed youth conference plan.957

More than three-quarters (77%) of the public surveyed thought that victims should have the right to meet the offender. 69% agreed that ‘offenders need to see the real impact of their crime and face the people they’ve harmed’.958

953 National Offender Management Service (2012) Better outcomes through Victim-Offender Conferencing (Restorative Justice), London: NOMS

954 Sherman, L. and Strang, H. (2007) Restorative Justice: the evidence, London: The Smith Institute

955 Criminal Justice Inspection Northern Ireland (2014) Monitoring of progress on implementation of the youth justice review recommendations, Belfast: CJI Northern Ireland

956 Table 8, Duncan, L. (2014) Youth Reoffending in Northern Ireland (2012/13 Cohort), Belfast: Department of Justice

957 Tables 26 and 27, Decodts, M. and O’Neill, N. (2014) Youth Justice Agency Annual Workload Statistics 2012/13, Belfast: Youth Justice Agency

958 Restorative Justice Council (2015) Ipsos MORI poll summary, London: RJC

Restorative justice is about victims and offenders communicating within a controlled environment to talk about the harm that has been caused and finding a way to repair that harm.

It gives victims the chance to meet or communicate with their offenders to explain the real impact of the crime. It also holds people to account for what they have done and helps them to take responsibility and make amends.

For offenders, the experience can be very challenging as it confronts them with the personal impact of their crime. For victims, meeting the person who has harmed them can be a huge step in moving forward and recovering from the crime.

For any kind of communication to take place, the offender must have admitted to the crime, and both victim and offender must be willing to participate.

Restorative justice can be used for any type of crime and at any stage of the criminal justice system, including alongside a prison sentence.

The Crime and Courts Act 2013 allows courts to defer at the pre-sentence stage in order for the victim and offender to be offered restorative justice at the earliest opportunity.

Restorative justice

74


Crime and public perceptionsCrime£29.9 billion was spent on public order and safety by the government in 2014–15.959

Crime is at its lowest level since surveying began in 1981 and is nearly two-thirds (64%) lower than its peak in 1995.960 Crime rates fell by 7% in the year ending March 2015.961

16–24 year-olds are more likely than any other age group to become a victim of crime.962

Nearly three in five people (57%) thought that crime in England and Wales had gone up ‘a little’ or ‘a lot’ in the past few years.963

People have more positive perceptions of crime locally than nationally—just 29% said they thought crime in their local area had increased.964

One in ten adults surveyed said they were worried about burglary. However, the likelihood of being burgled was low, with only 3% saying they had been burgled in the last year.965

11% of adults surveyed said they were worried about violent crime. However, less than 2% of people had been a victim in the last year, half of which resulted in no injury.966

Concern about crime is at an historic low—only 9% of people surveyed said it was one of the important issues facing Britain today.967 Compared with nearly half of people (47%) in 2008.968

Public perceptionsA survey found that: “while the public may ‘talk tough’ in response to opinion polls which ask whether sentencing is harsh enough, when considering specific criminal cases and individual circumstances, there is considerable support for mitigating punishments”.969

Most people surveyed underestimated the severity of sentencing and thought that the courts were too lenient. However they were relatively lenient when sentencing for a specific (hypothetical) case.970

959 Table 4.2, HM Treasury (2014) Public Expenditure Statistical Analyses 2014, London: HM Treasury

960 Table 1, Office for National Statistics (2015) Crime in England and Wales, Year ending March 2015, London: ONS

961 Ibid.962 Table D1, Ibid.963 Table S29, Ibid.964 Ibid.965 Table S34 and 11a, Ibid.966 Table S34 and 4a, Ibid.967 Economist/Ipsos MORI June 2015 Issues Index, accessed on 7 September 2015,

available at https://www.ipsos-mori.com/researchpublications/researcharchive/3593/EconomistIpsos-MORI-June-2015-Issues-Index.aspx

968 Ipsos MORI (2008) Ipsos MORI Issues Index August 2008, London: Ipsos MORI969 Roberts, J. and Hough, M. (2011) Custody or community? Exploring the boundaries of

public punitiveness in England and Wales, Criminology & Criminal Justice 11(2) pp181-197, Norwich: Page Bros

970 Hough, M. et al. (2013) Attitudes to Sentencing and Trust in Justice: Exploring Trends from

Just over one in five people (22%) thought that prisons are effective at rehabilitating offenders who have been convicted of a crime.971

A poll of victims of lower level crime showed that nearly two-thirds (63%) support community sentences as an alternative to prison for lower level offenders.972

A poll commissioned by the Prison Reform Trust in 2012 revealed strong public support for effective community and public health measures to prevent crime and disorder. Treatment for drug addiction (67%), intensive supervision of community orders (63%), and mental health care (60%) were the top three solutions. Stopping binge drinking and imprisonment tied fourth.973

80% of people surveyed strongly agreed that local women’s centres where women address the root causes of their crime and do compulsory work in the community to payback should be available.974

A survey for the Prison Reform Trust conducted one month after the riots in 2011, found that the vast majority of the public (94%) support opportunities for people who have committed offences such as theft or vandalism to do unpaid work in the community as part of their sentence, to pay back for what they have done.975

Nearly nine out of 10 people (88%) agree that victims of theft and vandalism should be given the opportunity to inform offenders of the harm and distress they have caused.976

Almost three-quarters (71%) believe victims should have a say in how the offender can best make amends for the harm they have caused.977

Most people (84%) consider that better supervision of young people by parents would be effective in preventing crime and disorder.978

Nearly two-thirds of people surveyed said they don’t want to see children in prison until at least the age of 12, rising to 14 for young people convicted of a non-violent crime.979

the Crime Survey for England and Wales, London: Ministry of Justice971 Table 1, Jansson, K. (2015) Public confidence in the Criminal Justice System—findings

from the Crime Survey for England and Wales (2013/14), London: Ministry of Justice972 Victim Support and Make Justice Work (2012) Out in the open: What victims really think

about community sentencing, London: Victim Support 973 Prison Reform Trust (2012) Public back community and health solutions to cutting crime,

18 December 2012974 ICM opinion poll for the Corston Coalition, 26-28 November 2010. Sample of 1000 adults

18+ in GB, by telephone omnibus975 Prison Reform Trust (2011) Public want offenders to make amends briefing paper, London:

Prison Reform Trust976 Ibid.977 Ibid.978 Ibid.979 Prison Reform Trust (2010) YouGov poll for Out of Trouble, London: Prison Reform Trust

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Prison Reform Trust publications and briefingsToo Little Too Late: an independent review of unmet mental health need in prison 2009Information Book for Prisoners with a Disability 2009Children: Innocent Until Proven Guilty? 2009Out of Trouble: Reducing child imprisonment in England and Wales—lessons from abroad 2009Out of Trouble: Making Amends—restorative youth justice in Northern Ireland 2009Vulnerable defendants in the criminal courts: a review of provision for adults and children 2009Barred from Voting: the Right to Vote for Sentenced Prisoners 2009A Fair Response: developing responses to racist incidents that earn the confidence of black and minority ethnic prisoners 2009

Too Many Prisoners: The All-Party Parliamentary Penal Affairs Group 2010Doing Time: Good practice with older people in prison - the view of prison staff 2010Unjust Deserts: Imprisonment for Public Protection 2010Out of Trouble: Punishing Disadvantage, a profile of children in custody 2010Time is Money: financial responsibility after prison, UNLOCK and Prison Reform Trust 2010Seen and Heard: supporting vulnerable children in the youth justice system 2010Double Trouble: Black, Asian and minority ethnic offenders’ experiences of resettlement 2010

Into the Breach: the enforcement of statutory orders in the youth justice system 2011Time Well Spent: A practical guide to active citizenship and volunteering in prison 2011Reforming Women’s Justice: report of the Women’s Justice Taskforce 2011Last Resort? Exploring the reduction in child imprisonment 2008–11 2011Public want offenders to make amends 2011Care—a stepping stone to custody? 2011

No Way Out? A briefing paper on foreign national women in prison in England and Wales 2012Old Enough to Know Better? A briefing on young adults in the criminal justice system 2012Fair Access to Justice?: Support for vulnerable defendants in the criminal courts 2012Out for Good: Taking responsibility for resettlement 2012Prisoner Rehabilitation: the work of the All Party Parliamentary Penal Affairs Group 2012Fatally Flawed: has the state learned from the deaths of children and young people in prison? 2012Turning young lives around: How health and justice services can respond to children with mental health problems and learning disabilities who offend

2012

Making the Difference: the role of adult social care services in supporting vulnerable offenders 2013Reducing Women’s Imprisonment Action Pack 2013Talking Justice: Where do you stand? and Talking Justice: What can I do? 2013Through the Gateway: How computers can transform rehabilitation 2013Mental health and learning disabilities in the criminal courts: Information for magistrates, district judges and court staff 2013

Brighter Futures: Working together to reduce women’s offending 2014Punishment without Purpose 2014

Working it Out: Employment for women offenders 2015Inside Out: Release on temporary licence and its role in promoting effective resettlement and rehabilitation 2015Strangeways 25 years on: Achieving fairness and justice in our prisons 2015Transforming Lives: Reducing women’s imprisonment 2015Relative Justice: the experiences and views of family members of people with particular needs in contact with criminal justice and liaison and diversion services

2015

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